Crocker v. Roach

766 So. 2d 672, 2000 WL 1192614
CourtLouisiana Court of Appeal
DecidedAugust 23, 2000
Docket33,507-CW
StatusPublished
Cited by12 cases

This text of 766 So. 2d 672 (Crocker v. Roach) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Crocker v. Roach, 766 So. 2d 672, 2000 WL 1192614 (La. Ct. App. 2000).

Opinion

766 So.2d 672 (2000)

Benny Lee CROCKER, et al., Plaintiffs-Respondents,
v.
Rodney Lane ROACH, et al., Defendants/Applicants/Respondents.

No. 33,507-CW.

Court of Appeal of Louisiana, Second Circuit.

August 23, 2000.
Writ Denied November 17, 2000.

*673 Klotz, Simmons & Reeks by F. John Reeks, Jr., Shreveport, Counsel for Applicant Lincoln Insurance Co.

Pugh, Pugh & Pugh, L.L.P. by Robert G. Pugh, Shreveport, Counsel for Respondents Rodney Lane Roach, Becky Roach and Double R Arena Inc.

Herman L. Lawson, Mansfield, Joey W. Hendrix, Counsel for Respondents Benny Lee Crocker and Nancy Sue Crocker.

Before WILLIAMS, GASKINS and CARAWAY, JJ.

GASKINS, J.

After their teenage son was injured in a bull riding competition, the plaintiffs sued the arena where the competition was held, its principals, and its insurer. The arena's insurer filed a motion for summary judgment, claiming that its policy contained an "athletic participants" exclusion which precluded coverage for the boy's injuries. The trial court denied the motion, and the insurer's subsequent writ application to this court was granted. For the reasons assigned below, we reverse the trial court judgment, grant summary judgment in favor of the insurer and make the writ peremptory.

FACTS

On April 15, 1995, 16-year-old Kristopher Lee Crocker participated in a bull *674 riding contest at the Double R Arena in Stonewall, Louisiana. He was thrown from and stomped by the bull. His injuries allegedly included broken ribs, punctured lungs, a lacerated liver, and the onset of diabetes.

On April 12, 1996, Kristopher's parents, Benny Lee and Nancy Sue Crocker, filed suit against Double R Arena, Inc.; its principals, Rodney Lane Roach and Becky Roach; and the arena's insurer, Lincoln Insurance Company. They asserted that Kristopher was allowed to participate in the bull riding event without his parents' permission and without inquiry as to his ability and experience.

Lincoln answered the petition, asserting that the sole cause of the boy's injuries was his own conduct; alternatively, they pled his comparative fault. Lincoln further claimed that its policy did not provide coverage for the incident.

In their answer, the Roaches and the arena asserted that Kristopher had participated in junior bull riding events on several occasions and had even won such a competition in March 1995, about a month before the accident. They also alleged that he was only allowed to participate with his parents' permission. Furthermore, they stated that they were not covered by "any type of insurance which would afford coverage relating to participants."

In August 1996, Lincoln filed its first motion for summary judgment. It asserted that its policy covering the arena included an endorsement that excluded coverage for bodily injury suffered by anyone while practicing for or participating in any contest or exhibition of an athletic or sports nature sponsored by the named insured. The operations described on the exclusion as being subject to the endorsement are "arena used for horse shows, rodeos, etc., rated as exhibitions. Outside in stadiums or on premises having grandstands or bleachers." Attached to the motion was a copy of the policy and the exclusion at issue.

The plaintiffs opposed the motion, contending that the exclusion was not delivered to the Roaches in the policy mailed to them for the year of the accident and that it was not included on the declarations page of the policy. Attached to the opposition was a copy of the policy delivered to the Roaches for the policy period of 5/21/94 to 5/21/95. The Roaches and the arena also opposed the motion for summary judgment, filing another copy of the policy and an affidavit by Mr. Roach verifying the policy authenticity.

On January 14, 1998, the trial court denied the motion with written reasons. The court noted that the athletic participants exclusion was labeled "GL 2101" and was effective May 21, 1991; it was noted on the declarations page for that year. However, subsequent policy renewal certificates did not list GL 2101 but did list additions or deletions of exclusions. The trial court stated that the question was whether the insurer could rely on its "boilerplate" language that "[a]ll other prior attachments are still applicable" or was the renewal certificate required to specifically reference each exclusion or endorsement for them to be effective. The court found the boilerplate language insufficient to give policyholders notice of which "provisions/exclusions/endorsements" applied to their policy. Finding that the mover had failed to show there was no genuine issue of material fact as to whether the insured had adequate notice of the athletic participants exclusion, summary judgment was denied. Judgment was signed on February 25, 1998.

In July 1999, Lincoln filed a second motion for summary judgment. Stating that it had conducted additional discovery since the last motion, Lincoln asserted that its insured was provided with both verbal and written notice of the athletic participants exclusion. In support of this contention, Lincoln submitted the affidavit of F. John Reeks, Jr., Lincoln's attorney, that pursuant to discovery he had copied all of the *675 insurance policies provided by counsel for the arena. Those documents were submitted in support of the motion, as were the affidavit and deposition of Joseph M. Murray, the Roaches' insurance agent. He stated that he sent—by mail or by personal delivery—copies of all Lincoln policies, endorsements and renewal certificates at the time they were issued to the insured's address as shown on the policy; that the athletic participants exclusion was included when the Lincoln policy was issued to the arena; that he discussed it with Mr. Roach, who was made aware of its provisions; and that the policy was subsequently renewed by renewal certificates.

The other parties to the suit filed a joint opposition to the second motion, asserting that genuine issues of material fact and law still remained and that summary judgment was improper. The plaintiffs filed a motion to strike Mr. Murray's affidavit and deposition on the basis that he was not subject to cross-examination; as an additional ground, they contended these documents were inadmissible because they attempted to modify the insurance contract. However, no counter-affidavits were filed.

At a hearing on November 5, 1999, the trial court again denied the motion for summary judgment. The court noted that, while evidence might develop that the Roaches were aware of the exclusion, it believed that the renewal sheets alone were insufficient notice. Judgment in conformity with the court's ruling was signed on November 29, 1999.

Lincoln filed a writ application with this court; we granted the writ on February 17, 2000, and ordered the matter duly docketed.

LAW

Summary Judgment

Summary judgment procedure is designed to secure the just, speedy and inexpensive determination of every action, except those disallowed by law; the procedure is favored and must be construed to accomplish these ends. La. C.C.P. art. 966 A(2); Ebarb v. Guinn Brothers, Inc., 31,426 (La.App.2d Cir.1/20/99), 728 So.2d 487. After adequate discovery or after a case is set for trial, a motion which shows that there is no genuine issue as to material fact and that the mover is entitled to judgment as a matter of law shall be granted. La. C.C.P. art. 966 C(1); Ebarb, supra. The burden of proof remains with the mover. La. C.C.P. art. 966 C(2); Ebarb, supra.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Williams v. Republic Fire & Casualty Insurance
424 F. App'x 304 (Fifth Circuit, 2011)
Freeman v. Philan
859 So. 2d 821 (Louisiana Court of Appeal, 2003)
Pro Source Roofing, Inc. v. Boucher
822 So. 2d 881 (Louisiana Court of Appeal, 2002)
Jones v. Webb
821 So. 2d 614 (Louisiana Court of Appeal, 2002)
Merlin B. Smith, Inc. v. Travelers Property Casualty
811 So. 2d 1097 (Louisiana Court of Appeal, 2002)
Bumgardner v. Terra Nova Ins. Co. Ltd.
806 So. 2d 945 (Louisiana Court of Appeal, 2002)
Simpson v. Davidson
799 So. 2d 652 (Louisiana Court of Appeal, 2001)
Davis v. American Heritage Life Ins. Co.
799 So. 2d 705 (Louisiana Court of Appeal, 2001)
Townsend v. State Farm Mut. Auto. Ins. Co.
793 So. 2d 473 (Louisiana Court of Appeal, 2001)
Dawson Farms, LLC v. Millers Mut. Fire Ins. Co.
794 So. 2d 949 (Louisiana Court of Appeal, 2001)
Oxner v. Montgomery
794 So. 2d 86 (Louisiana Court of Appeal, 2001)
Norwood v. Van Veckhoven
792 So. 2d 836 (Louisiana Court of Appeal, 2001)

Cite This Page — Counsel Stack

Bluebook (online)
766 So. 2d 672, 2000 WL 1192614, Counsel Stack Legal Research, https://law.counselstack.com/opinion/crocker-v-roach-lactapp-2000.