Doucet v. State Farm Insurance

748 So. 2d 1228, 99 La.App. 5 Cir. 663, 1999 La. App. LEXIS 3330, 1999 WL 1080707
CourtLouisiana Court of Appeal
DecidedNovember 30, 1999
DocketNo. 99-CA-663
StatusPublished
Cited by4 cases

This text of 748 So. 2d 1228 (Doucet v. State Farm Insurance) 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
Doucet v. State Farm Insurance, 748 So. 2d 1228, 99 La.App. 5 Cir. 663, 1999 La. App. LEXIS 3330, 1999 WL 1080707 (La. Ct. App. 1999).

Opinion

J^CLARENCE E. McMANUS, Judge Pro Tem.

Defendant State Farm Insurance Company (hereafter “State Farm”) appeals from a trial court judgment which rules in favor of the plaintiffs Michael and Jennifer Doucet. Specifically, the trial court ruled that defendant Eartha Powell was covered by her State Farm policy at the time of the accident. We affirm.

Plaintiff Michael Doucet filed a Petition for Damages on July 1, 1997, alleging that he and his minor daughter Jennifer were injured when his vehicle was struck in the rear by a 1995 Pontiac Grand Prix owned and driven by Ms. Powell. In his Petition, Mr. Doucet filed suit against Ms. Powell and State Farm as her liability insurer. On August 14, 1997, State Farm answered, contending that there was no State Farm Mutual Automobile Policy in effect at the time of the accident because Ms. Powell’s policy had been canceled for non-payment of premiums. On December 29, 1997, State Farm filed a Motion for Summary Judgment arguing that it did not have an insurance policy issued to Ms. Powell in effect on the date that the accident occurred. On February 6, 1998, the trial court denied State Farm’s Motion for Summary Judgment.

The matter went to trial on the merits, after which judgment was rendered in favor of the Doucets. The trial court found that Ms. Powell’s vehicle was covered by a State Farm policy at the time of the accident. State Farm filed a 1 ¡.timely appeal. The only issue for this court’s review on appeal is coverage.

During the trial, it was stipulated that Ms. Powell testify by deposition. In her deposition, she testified that Mr. Richard Jackson was her fiancé at the time of the accident on December 14, 1996. She resided at that time at 1740 Wellington Drive. She testified that she would reside with Mr. Jackson at 5961 Becker Street when they lived together. She testified that she purchased the vehicle involved in the accident, a 1995 Pontiac Grand Prix, in July of 1996 from Ray Brandt Specialty in Marrero. She traded in Mr. Jackson’s 1993 Dodge pickup truck for her 1995 Pontiac Grand Prix and transferred insurance from the Dodge pick-up truck to the Pontiac Grand Prix. The Dodge pick-up was insured by a State Farm policy with Mr. Jackson listed as the named insured and Ms. Powell listed as an additional driver. Ms. Powell' testified that her Pontiac Grand Prix was initially covered on Mr. Jackson’s policy.

In July of 1996, Ms. Powell obtained her own insurance policy on the Pontiac Grand Prix. She testified that a new policy was issued to her in July of 1996 listing her as the named insured. After she switched the Pontiac Grand Prix to her own policy, she was issued her first insurance card from State Farm indicating that she was insured from July 2, 1996 to August 21, 1996. State Farm mailed hqr another insurance card stating that she was insured from July 3, 1996 to February 21, 1997. Although Ms. Powell had the Pontiac Grand Prix switched over to her own policy in July, the vehicle lingered on Mr. Jackson’s policy for several months. Ms. Powell believed that Mr. Jackson paid the premiums on all of the policies including the policy which listed her as the named insured on the Pontiac Grand Prix.

Ms. Powell testified that she went to Ms. Lisa Campbell’s State Farm office on September 13, 1996 in order to sign paperwork to transfer the Pontiac Grand Prix in her own name. Ms. Powell contends that she was following up on her initial contact with State Farm which occurred in July of 1996 to obtain her own 13msurance policy. Ms. Powell further testified that she believed that she had insurance coverage because she was given her first insurance card stating that she was insured from July 2,1996 to August 21,1996.

Ms. Powell testified that she did not remember filling out a non-binding application for insurance nor did she remember Ms. Glenn Bridges advising her that she did not have any insurance coverage. She testified that she was not notified of the [1230]*1230cancellation of the policy, however, she did not receive any insurance premium bills nor any other information regarding her State Farm policy except for her insurance card. She contends that she did not pay the premium on her policy because she thought that her Pontiac Grand Prix was also covered by Mr. Jackson’s policy and that he was paying the premium.

Ms. Glenn Bridges testified for State Farm. In September of 1996, Ms. Bridges was employed by Ms. Lisa Campbell as an office assistant. In the course of her employment, she gave insurance quotes and wrote insurance policies. Ms. Bridges testified that Ms. Powell came into Ms. Campbell’s office on September 13, 1996 to make a payment on an insurance policy. Ms. Bridges further testified that she checked the policy number on the insurance card that Ms. Powell presented to her when she came into the office. She stated that the information in the computer database indicated that the policy had been canceled. Ms. Bridges did not accept payment on the premium because the policy had been out of force for over 30 days. Ms. Bridges then advised Ms. Powell to complete a non-binding application for insurance. Ms. Powell’s application was subsequently denied for failure to report traffic violations. Ms. Bridges placed the letter in Ms. Powell’s file, but never called Ms. Powell because the rejection letter is automatically sent to the applicant by computer. Ms. Bridges also testified that an insurance identification card cannot be generated if the policy is canceled.

The record indicates that Policy Number 590-5757-B21 18 B was issued to l4Ms. Powell as the named insured covering the Pontiac Grand Prix and it was to replace Policy Number 590-5757-B21 18A wherein Ms. Powell was named as an additional driver. Ms. Campbell, as State Farm’s agent, counter-signed the replaced policy on July 21, 1996. The cancellation notice which was sent to Mr. Jackson was dated July 10, 1996 and refers to Policy Number 590 5757 B21 18B. The cancellation notice stated the premium was due before July 23,1996.

On December 29, 1997, Mr. Walter En-nis, a claims specialist employed with State Farm, signed an affidavit stating he has been handling the claim involving the suit between the Doucets and Ms. Powell. In his affidavit, Mr. Ennis states that there were no policies issued to Ms. Powell which were in effect on December 14,1996. He further states that policy number 5905-757-B21-18B (which replaced policy number 5905-757-B21-12A) was canceled on July 23, 1996. Ms. Powell submitted a Non-Binding Application for State Farm Mutual Automobile Insurance on her Pontiac Grand Prix and this application was turned down on September 20, 1996 for failure to disclose traffic violations and failure to provide acceptable evidence of automobile insurance in force within 30 days of the date of the application. He further states that she received the insurance coverage card for the next policy period due to the monthly payment plan. State Farm has not collected insurance premiums from Ms. Powell on the Pontiac Grand Prix since July 23,1996.

After a trial on the merits, the trial court found that Ms. Powell was covered by her State Farm policy. From the bench, the trial court gave oral reasons for his judgment stating that it appears that Ms. Powell was issued or transferred a policy in her name on July 3, 1996. The trial court found that there was no evidence that Mr. Jackson was responsible for the payments and that the statute specifically requires the notice to cancel for failure to pay premiums to be sent to the named insured.

On appeal, State Farm argues the ' language of the statute, LSA-R.S.

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Bluebook (online)
748 So. 2d 1228, 99 La.App. 5 Cir. 663, 1999 La. App. LEXIS 3330, 1999 WL 1080707, Counsel Stack Legal Research, https://law.counselstack.com/opinion/doucet-v-state-farm-insurance-lactapp-1999.