Davis v. Catlin Specialty Insurance

80 So. 3d 580, 11 La.App. 5 Cir. 150, 2011 La. App. LEXIS 1369
Louisiana Court of Appeal·Decided November 15, 2011·No. No. 11-CA-150·Published

Opinion

SUSAN M. CHEHARDY, Judge.

12This is a wrongful death and survivor-ship action arising from the death of Dannie R. Breaux. At issue on this appeal is a grant of summary judgment in favor of the individual defendants, finding there is coverage under the defendant insurer’s policy. We affirm.

Dannie Breaux died in a fire on December 19, 2008, on the premises of Capitano’s Truck Repair in St. Rose, Louisiana. This lawsuit was filed by Breaux’s sister, Donna Davis, individually and as succession representative of the Estate of Dannie R. Breaux. Davis named as defendants Cat-lin Specialty Insurance Company, as insurer of Capitano’s, and John Capitano, Jr. and his wife Callie C. Capitano, as owners of the premises and of the business. The plaintiff alleged the Capitanos were negligent and that their negligence led to her brother’s death.

Catlin filed a motion for summary judgment on the basis that its policy does not cover the plaintiffs claims because it is a policy of garage operations liability insurance, but this accident did not arise out of garage operations.

The Capitanos also filed a motion for summary judgment, seeking a ruling that the policy does provide coverage.

The Catlin insurance policy’s declarations pages describe the policy as “garage liability insurance.” The applicable liability clause provides coverage for ^bodily injury or property damage “caused by an accident and resulting from garage operations other than the ownership, maintenance or use of covered autos.” The policy defines “garage operations” as “the ownership, maintenance or use of locations for garage business and that portion of the roads or other accesses that adjoin these locations.” “Garage operations” also include all operations necessary or incidental to a garage business.

The district court denied Catlin’s motion for summary judgment. Catlin sought review of the denial of its motion via writ application to this Court and to the state supreme court, both of which denied writs.1

Subsequently, the court granted the Capitanos’ motion for summary judgment, with written reasons within the judgment:

The Court finds that the policy issued by Catlin Specialty Insurance Company to Mr. and Mrs. Capitano provides coverage for the plaintiffs’ claims....
The definition of “garage operations” includes three possible situations under which coverage would apply: (1) ownership, maintenance [or] use of the business’ “location”; (2) ownership, maintenance [or] use of scheduled automobiles; and (3) other “operations necessary or incidental to a garage business.” The evidence is unrefuted that the Capitanos operate a garage business located in a building which they own. The plaintiffs base their claims on allegations of negligence involving the building where the Capitanos operate their garage business. Accordingly, the claims arise from the Capitanos’ “ownership, maintenance or [582]*582use” of the location of their garage business. Under the language of the policy, whether the business was open and operating at the time of the fire is irrelevant. It is the ownership of the location itself by the Capitanos that give[s] rise to liability coverage under Section II of the policy. [Footnote omitted; emphasis in original.]

Catlin has appealed.2

I/The standard of review on the grant of a motion for summary judgment is de novo. O’Connor v. Nelson, 10-250, p. 10 (La.App. 5 Cir. 1/11/11), 60 So.3d 27, 34. The court must examine the record to determine whether there is any genuine issue of material fact, and whether the movant is entitled to judgment as a matter of law. Id.

Catlin makes the following assignments of error:

(1) The trial court erred in granting summary judgment in favor of the Capita-nos because there are genuine issues of material fact as to whether the garage operations insurance policy issued by Cat-lin Specialty Insurance Company provided coverage for Dannie Breaux’s death; and

(2) The trial court erred in finding that liability under the garage operations insurance policy arose due to the insured’s mere ownership of the premises.

We find no merit to Assignment No. 1, because Catlin fails to show there are any material contested facts. Our analysis shows the issue is a question of law, which we must interpret. Hence, we address only Assignment No. 2, whether ownership of the premises is sufficient to trigger coverage under the policy.

Catlin contends the insured’s mere ownership of the premises is not sufficient to trigger liability for bodily injury where the deceased claimant started a fire himself, was a non-employee, and was asleep on a couch outside of business hours. Catlin asserts it issued a garage operations policy to Capitano’s Truck | ¡¡Repair, but that Breaux’s death occurred as a result of a fire while he was sleeping at night in Capi-tano’s Truck Repair and did not arise from garage operations.

It is uncontested that the Capitanos are the owners and operators of Capitano’s Truck Repair located at 310 Almedia Road, St. Rose, Louisiana; that Catlin Specialty Insurance Company issued a policy of garage operations liability to Capitano’s Truck Repair; that the decedent, Dannie Breaux, was sleeping in the office of Capi-tano’s Truck Repair on December 20, 2008, when a fire started, causing his death by smoke inhalation; that Dannie Breaux was allowed by John Capitano to sleep at the garage gratuitously because Breaux had [583]*583no home; and that Breaux was not an employee of Capitano’s Truck Repair.3

Catlin asserts that Dannie Breaux’s sleeping on a couch at Capitano’s Truck Repair, and the fire that caused his death, did not arise out of the garage operations of Capitano’s Truck Repair. The couch was being used for personal use after business hours. Alternatively, even if it were to be found that Breaux was an employee of Capitano’s Truck Repair, Catlin asserts the result would be no different, because Catlin’s policy also excludes bodily injuries to employees arising out of their employment. Further, even if Breaux were an employee and was sleeping on the couch after hours because he was homeless, his death did not arise out of garage operations.

In their motion for summary judgment, the Capitanos sought a ruling that the policy provides coverage for the actions or inactions alleged in the plaintiffs petition. The Capitanos concurred with Catlin that Dannie Breaux was sleeping on a couch in the office of Capitano Truck Repair, and he died from smoke inhalation | ñas a result of a fire that destroyed the premises. Danny Breaux was not an employee of the Capitanos and did no work for them.

The Capitanos disagreed with Catlin on the nature of the policy, contending that the policy issued to the Capitanos by Cat-lin is garage liability coverage, not garage operations coverage. The Capitanos asserted that although the policy provides coverage for garage operations, under the policy definition of “garage operations” the policy provides coverage for the actions or inactions alleged in plaintiffs petition.

The premises liability coverage clause of the policy states as follows:

SECTION II — LIABILITY COVERAGE
A. Coverage,
1. “Garage Operations” — Other Than Covered “Autos”
a.

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Davis v. Catlin Specialty Insurance, 80 So. 3d 580, 11 La.App. 5 Cir. 150, 2011 La. App. LEXIS 1369 (La. Ct. App. 2011).

80 So. 3d 580 (Davis v. Catlin Specialty Insurance) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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