Doiron v. La. Farm Bureau Mut. Ins. Co.

753 So. 2d 357, 2000 WL 201607
CourtLouisiana Court of Appeal
DecidedFebruary 18, 2000
Docket98 CA 2818
StatusPublished
Cited by20 cases

This text of 753 So. 2d 357 (Doiron v. La. Farm Bureau Mut. Ins. Co.) 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
Doiron v. La. Farm Bureau Mut. Ins. Co., 753 So. 2d 357, 2000 WL 201607 (La. Ct. App. 2000).

Opinion

753 So.2d 357 (2000)

Gerald and Vickie DOIRON
v.
LOUISIANA FARM BUREAU MUTUAL INSURANCE COMPANY and Louisiana Farm Bureau Casualty Insurance Company.

No. 98 CA 2818.

Court of Appeal of Louisiana, First Circuit.

February 18, 2000.

*359 David J. Shea, Lirette & Shea, Houma, for Plaintiffs-Appellees Gerald Doiron, Jr. and Vickie Doiron.

John J. Hainkel, Jr., Porteous, Hainkel, Johnson, & Sarpy, New Orleans, for Defendant-Appellant Louisiana Farm Bureau Mutual Insurance Company.

Before: SHORTESS, C.J., PARRO, and KUHN, JJ.

PARRO, J.

An insurer appeals from the trial court judgment granting its insureds' motion for summary judgment and awarding $12,200 to the insureds. For the following reasons, we reverse the judgment of the trial court and render judgment in favor of the insurer on the issue of coverage.

Facts and Procedural History

Gerald Doiron, Jr. and Vickie Doiron were named insureds on a homeowner's policy issued by Louisiana Farm Bureau Mutual Insurance Company (Farm Bureau) covering their home located at 226 Imperial Drive, Houma, Louisiana. Mr. Doiron constructed a bulkhead on the rear of their property to separate it from Little Bayou Black. On January 17, 1997, the bulkhead separated from the land and leaned toward the bayou. The single family dwelling, which was the only building on the property, was unaffected by the event.

Mrs. Doiron worked in the claims department of Allstate Insurance Company (Allstate) as a control operator. Prior to filing a claim with Farm Bureau, she discussed the incident with her supervisor, who informed her that it was doubtful that such an occurrence would be covered under any policy issued by Allstate. Nonetheless, Mrs. Doiron contacted Farm Bureau to inquire about coverage. A loss notice was completed by her insurance agent, and Marc Clause, Farm Bureau's adjuster, handled the claim and investigated the incident. During a telephone conversation with Mrs. Doiron, he informed her that he was not sure whether the policy provided coverage for such an occurrence. After visiting the Doirons' property and investigating the incident, Mr. Clause concluded there was coverage for the loss under policy provisions pertaining to other structures. Upon presentation of the invoices for the original work that had been performed, Mr. Clause had Farm Bureau issue a draft for $12,200 to Gerald Doiron and the loss payee, Chase Manhattan Bank (Chase).[1] He informed Mrs. Doiron there would be a delay of three to five days before payment of the draft. Two business days after the draft had been given to the Doirons and forwarded to Chase, Mr. Clause was advised by his supervisor that the Doirons' policy did not provide coverage for this type of occurrence. Farm Bureau immediately issued a stop payment order on the draft, and Mr. Clause contacted Mrs. Doiron, advised her of his mistake, and informed her the policy did not provide coverage. *360 Subsequently, Chase returned the draft to the Doirons.

The Doirons filed suit seeking to recover under their homeowner's policy for damages to a "structure/seawall." Farm Bureau responded by filing an exception raising the objections of no right of action and no cause of action and a motion for summary judgment on the issue of coverage. Subsequently, the Doirons filed a motion for summary judgment claiming that Farm Bureau was estopped from making any coverage defense due to the issuance of the draft. Following a hearing on the motions for summary judgment, the trial court found that a settlement had been reached but denied the Doirons' claim for attorney fees. From a judgment granting the Doirons' motion for summary judgment and awarding $12,200 to them, Farm Bureau appealed, contending the trial court erred in granting the Doirons' motion for summary judgment and in denying its motion for summary judgment.

Standard of Review

Appellate courts review summary judgments de novo under the same criteria that govern the trial court's consideration of whether summary judgment is appropriate. J. Ray McDermott, Inc. v. Morrison, 96-2337 (La.App. 1st Cir.11/7/97), 705 So.2d 195, 202, writs denied, 97-3055, 97-3062 (La.2/13/98), 709 So.2d 753, 754. A motion for summary judgment is properly granted when the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to material fact, and that the mover is entitled to judgment as a matter of law. LSA-C.C.P. art. 966(B). Appellate review of questions of law is simply to determine whether the trial court was legally correct or legally incorrect. See Minor v. Casualty Reciprocal Exchange, 96-2096 (La.App. 1st Cir.9/19/97), 700 So.2d 951, 953, writ denied, 97-2582 (La.12/19/97), 706 So.2d 463.

Compromise or Transaction

Farm Bureau argues the trial court erroneously determined that the actions of the parties constituted an enforceable settlement, relying on Louisiana Civil Code article 3071, which provides in pertinent part:

A transaction or compromise is an agreement between two or more persons, who, for preventing or putting an end to a lawsuit, adjust their differences by mutual consent, in the manner which they agree on, and which every one of them prefers to the hope of gaining, balanced by the danger of losing.
This contract must be either reduced into writing or recited in open court and capable of being transcribed from the record of the proceeding.

Compromises are favored and are not invalidated lightly. Jerome v. Duggan, 609 So.2d 1119, 1123 (La.App. 2nd Cir.1992). Nonetheless, the burden of proof was on the Doirons to establish the requisites for a valid compromise. Shell Oil Company, v. Jackson, 94-1267 (La.App. 1st Cir.5/5/95), 655 So.2d 482, 486; see Brown v. Drillers, Inc., 93-1019 (La.1/14/94), 630 So.2d 741, 752-757. Article 3071 expressly requires that a contract of compromise be in writing. While this article itself does not provide for the consequences of failure to reduce a compromise agreement to writing, the supreme court has previously held that a compromise which is not reduced to writing is unenforceable. Sullivan v. Sullivan, 95-2122 (La.4/8/96), 671 So.2d 315, 317. Moreover, the requirement that the agreement be reduced to writing necessarily implies that the agreement be evidenced by documentation signed by both parties. Sullivan v. Sullivan, 671 So.2d at 317.

The record reveals that no compromise was ever recited in open court. Thus, the issue before this court is whether the writing requirement of Article 3071 was satisfied in this case. A notice of loss was completed by the Doirons' insurance agent. This form disclosed a claim for the *361 loss of a bulkhead and land. It was signed by the insurance agent but was not signed by the insureds. The draft given to Mrs. Doiron by Mr. Clause via hand delivery was payable to Mr. Doiron and stated on its face that it was in full payment for bulkhead repairs. There was no specific release language on the draft, and no separate release was presented to or signed by the Doirons. Because the draft was made payable to Mr. Doiron and Chase, Mrs. Doiron sent the draft, without Mr. Doiron's endorsement, to Chase to have it endorsed. The draft was returned to the Doirons by Chase after the stop payment order was issued by Farm Bureau. Neither the Doirons nor Chase presented the draft for payment.

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753 So. 2d 357, 2000 WL 201607, Counsel Stack Legal Research, https://law.counselstack.com/opinion/doiron-v-la-farm-bureau-mut-ins-co-lactapp-2000.