Devillier v. Alpine Exploration Companies, Inc.

946 So. 2d 738, 6 La.App. 3 Cir. 0770, 2006 La. App. LEXIS 2975, 2006 WL 3821075
CourtLouisiana Court of Appeal
DecidedDecember 29, 2006
Docket06-0770
StatusPublished
Cited by1 cases

This text of 946 So. 2d 738 (Devillier v. Alpine Exploration Companies, Inc.) 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
Devillier v. Alpine Exploration Companies, Inc., 946 So. 2d 738, 6 La.App. 3 Cir. 0770, 2006 La. App. LEXIS 2975, 2006 WL 3821075 (La. Ct. App. 2006).

Opinion

946 So.2d 738 (2006)

Anthony "Ricky" DEVILLIER, et al.
v.
ALPINE EXPLORATION COMPANIES, INC., et al.

No. 06-0770.

Court of Appeal of Louisiana, Third Circuit.

December 29, 2006.

*739 Dennis J. Vidrine, Attorney at Law, Lafayette, LA, for Defendants/Appellants, Petroleum Engineers, Inc. and Ray Hodge.

Robert M. Kallam, Jennifer A. Wells, Preis & Roy, Lafayette, LA, for Third-Party Defendant/Appellee, Evanston Insurance Company.

Court composed of OSWALD A. DECUIR, JIMMIE C. PETERS, and MICHAEL G. SULLIVAN, Judges.

PETERS, J.

This appeal is from a judgment interpreting insurance coverage. The issue is whether a Self-Insured Retention (SIR) of $100,000.00 provided in an endorsement to a liability policy issued by Evanston Insurance Company (Evanston) applies once to each individual claim of every claimant arising from an occurrence or only once to the occurrence regardless of the number of individual claims or claimants. Interpreting the policy language, the trial court rendered a partial summary judgment ruling that the SIR was applicable to each individual claim and every claimant. The third-party petitioners affected by the ruling, Petroleum Engineers, Inc., Petroleum Engineers International, Inc., and Ray Hodge (collectively "Petroleum"), appealed.[1] Of crucial importance in the determination of the issue is the policy's definition of the word "claim." We find that, as applied to the SIR in this case, the definition *740 raises an ambiguity which by settled rules of interpretation must be resolved against the insurer. Accordingly, we reverse and remand for further proceedings.

DISCUSSION OF THE RECORD

An oil well experienced a hydrocarbon blowout in Jefferson Parish on February 28, 2004. As a result, a number of lawsuits for personal injuries and property damages were filed.[2] The plaintiffs in the present action, Anthony Devillier and his wife, filed one of those suits naming Petroleum and other parties as defendants. In that suit, Mr. Devillier sued for his personal injuries and his wife filed a claim for loss of consortium.

Petroleum filed a third-party demand in the Devillier suit against its insurer, Evanston, which issued Commercial General Liability Policy # 03PKG00694 insuring Petroleum from 6/25/2003 to 6/30/2004. The policy contains five coverage parts, only three of which are involved in any way in this case. Part A covers Commercial General Liability, Part D covers Contractors Pollution Liability, and a "claims-made" part covers Professional Liability. The parties agree that Part D, the Contractors Pollution Liability Coverage, is specifically applicable to this case. The policy also contains an SIR Endorsement affecting all three of the above parts, and that endorsement is the focus of the present controversy.

Petroleum sought a partial summary judgment and declaratory order regarding the SIR coverage. Petroleum contended that only one SIR of $100,000.00 was applicable to the blowout, or pollution condition,[3] and that the SIR was not applicable to each separate claim asserted by the multiple plaintiffs. Its contention was that, once it met its obligation of investigation, defense, and payment of any claim in the amount of $100,000.00, the insurer was obligated for the balance of the loss no matter the number of claims or claimants. Evanston filed a cross-motion putting at issue the same coverage dispute. Evanston contended that the SIR of $100,000.00 applied "per claim," meaning to each claimant as a separate claim, and that until the SIR was exhausted as to each it had no obligation to defend.

The trial court denied Petroleum's motion and granted Evanston's. The court found that the policy was clear and rendered judgment holding that "this $100,000 `per claim' self-insured retention must be satisfied per each individual claimant (i.e., not per occurrence and not per lawsuit)."

The judgment dismissed Petroleum's third-party petition "without prejudice to [the third-party plaintiff's] rights to reassert the Third-Party Demand once the $100,000 per claimant self-insured retention is exhausted for each individual claimant."[4]

*741 On this appeal, Petroleum assigns error to the holding that the policy was free of ambiguity as well as the holding that the SIR applied to each individual claim and claimant, and not to the "occurrence" or "pollution condition."

OPINION

Appellate courts review grants of summary judgment de novo, using the same criteria that govern the trial court's consideration of whether summary judgment is appropriate, that is, whether there is a genuine issue of material fact and whether the mover is entitled to judgment as a matter of law. Ocean Energy, Inc. v. Plaquemines Parish Gov't, 04-66 (La.7/6/04), 880 So.2d 1. Both sides agree that the coverage issue is a matter of interpretation of the policy. Both sides agree that, if there is ambiguity in the policy regarding the issue before us, the insured wins. Whether or not a policy is ambiguous is a question of law. La. Ins. Guar. Ass'n v. Interstate Fire & Cas. Co., 93-911 (La.1/14/94), 630 So.2d 759.

The Commercial General Liability Coverage definitions are specifically made applicable to the Contractors Pollution Liability Coverage Endorsement. The policy states that "words and phrases that appear in quotation marks have special meaning." The definitions appear in quotation marks.

The definition of "`occurrence'" is as follows:

"Occurrence" means an accident, including continuous or repeated exposure to substantially the same general harmful conditions.

The Contractors Pollution Liability Coverage Endorsement adds the definition of "`Claim' or `Claims,'" "`Pollution Condition,'" and "`Pollutants'" as follows:

"Claim" or "Claims" means a request or a demand received by you or the Company for money or services, including the institution of "suit" or arbitration proceedings against you, seeking damages.
"Pollution Condition" means the discharge, dispersal, seepage, migration, release or escape of "pollutants".
"Pollutants" means any solid, liquid, gaseous, thermal, biological or radioactive substance, material, matter, irritant or contaminant, including smoke, vapors, soot, fumes, acids, alkalis, chemicals and waste.

The insuring agreement in the Commercial General Liability section provides that the amount the insurer will pay for damages is limited as described in LIMITS OF INSURANCE (SECTION III). Under that Section is the following:

1. The Limits of Insurance shown in the Declarations and the rules below fix the most we will pay, regardless of the number of:
. . . .
b. Claims made or "suits" brought; or
c. Persons or organizations making claims or bringing "suits".

The parties agree that this case presents the situation where there is a commercial general liability policy with separate coverage parts provided by an endorsement. There are two endorsements to the policy that are applicable to the present dispute. The first is the Contractors Pollution Liability Coverage Endorsement.

The insuring agreement for the Contractors Pollution Liability Coverage Endorsement contains the following language:

*742 b. This insurance applies to "bodily injury" and "property damage" only if:

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Related

Fenn v. Colony Insurance Co.
80 So. 3d 695 (Louisiana Court of Appeal, 2011)

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Bluebook (online)
946 So. 2d 738, 6 La.App. 3 Cir. 0770, 2006 La. App. LEXIS 2975, 2006 WL 3821075, Counsel Stack Legal Research, https://law.counselstack.com/opinion/devillier-v-alpine-exploration-companies-inc-lactapp-2006.