Edwards v. Daugherty

848 So. 2d 787, 2002 La.App. 3 Cir. 354
CourtLouisiana Court of Appeal
DecidedJune 25, 2003
DocketNo. 02-354
StatusPublished
Cited by1 cases

This text of 848 So. 2d 787 (Edwards v. Daugherty) 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
Edwards v. Daugherty, 848 So. 2d 787, 2002 La.App. 3 Cir. 354 (La. Ct. App. 2003).

Opinions

hAMY, Judge.

The policy limits of a surplus lines insurance provider are at issue in this appeal. Following a remand by the Louisiana Supreme Court, the trial court accepted evidence and concluded that only $835,683.15 of the original one million dollar policy limit remained. The surplus lines insurer appeals, contending that the trial court erred in failing to consider certain evidence regarding what it contends to be an ever-diminishing policy limit. The insurer also contends that the trial court erred in failing to include interest paid on the judgment in calculating the available policy limit, and in awarding interest on future damages from the date of judicial demand. The plaintiffs have answered the appeal, seeking a declaration that the insurer is liable for the entire one million dollar policy limit. For the following reasons, we affirm in part, vacate in part, and remand with instructions.

Factual and Procedural Background

This matter stems from a 1993 automobile accident and entails a complex procedural background.1 The particularities of [789]*789the factual background have been previously set forth in full and we decline to do so again. Important for our consideration, however, is the fact that a $3,378,168.00 award, plus costs, was imposed against Edward M. Daugherty, the Calcasieu Parish Sheriffs Department and the Sheriffs insurer, Sphere Drake Insurance, P.L.C.2 Fault for the accident was | ¡..apportioned 62.5% to Daugherty and 37.5% to the Sheriff of Calcasieu Parish. Sphere Drake was made liable in solido for the fault of the Sheriff. The judgment indicated that Sphere Drake’s liability was subject to the policy limits. On appeal, fault was reapportioned 55% to the Sheriff and 45% to Daugherty. See Edwards v. Daugherty, 97-1542 (La.App. 3 Cir. 3/10/99), 729 So.2d 1112, writs denied, 99-1393, 99-1434 (La.9/17/99), 747 So.2d 1105.

Following the appellate determination, $334,000.00 was deposited in the registry of the court. Sphere Drake asserted that, under the terms of its policy, this was the totality of all that remained of the one million dollar policy limit. This reduced figure, it asserted, resulted from the terms of the policy which included payments for defense costs and payments made to other claimants from the policy. The funds were withdrawn from the registry of the court. Subsequently, on May 9, 2000, the plaintiffs obtained a trial court judgment de-daring that “Sphere Drake P.L.C. remains liable to plaintiffs, Virginia Gail Edwards, et al, in the amount of One Million and No/100 ($1,000,000.00) Dollars, plus judicial interest from April 12, 1994, which is the date of judicial demand, less any payments Sphere Drake P.L.C. may have previously provided to plaintiffs.”

Sphere Drake appealed the May 9, 2000 judgment asserting that this second, amended judgment was procedurally incorrect. The insurer also sought a determination that it had satisfied the judgment previously rendered. On appeal, a 1¡¡panel of this court concluded that the amended judgment constituted an erroneous substantive change to the judgment, that a portion of the Sphere Drake policy that permitted the reduction of the limit of liability due to the payment of defense costs, expenses, and interest, was violative of public policy, and that the policy limits were one million dollars. See Edwards v. Daugherty, 00-606 (La.App. 3 Cir. 12/6/00), 776 So.2d 557.3

The Louisiana Supreme Court granted writs on the matter, instructing:

Writ granted in part; otherwise denied. The ruling of the court of appeal is vacated to the extent that it does anything other than 1) reverse the judgment of the trial court of May 9, 2000; [790]*7902) reinstate the original trial court judgment; and 3) reverse the judgment against Continental Casualty Company. The case is remanded to the trial court for the taking of evidence on whether defendant Sphere Drake Insurance, P.L.C. was an admitted carrier and whether the policy at issue was a surplus lines policy at the time of the issuance. If so, the trial judge should determine the amount remaining available, pursuant to the terms and conditions of the policy, for satisfaction of the judgment rendered in the case. The propriety of that determination may thereafter be raised by any party aggrieved.

Edwards v. Daugherty, 01-0540, p. 1 (La.4/27/01), 791 So.2d 107, 107-08.

On remand, the parties narrowed the focus of the supreme court remand by stipulating that the Sphere Drake policy was a surplus lines policy at the time of issuance and that, Sphere Drake was an “approved unauthorized surplus lines insurance company pursuant to the La.Insurance Code.” At a July 17, 2001 hearing, the trial court accepted evidence and determined that $835,683.15 remained of the Sphere Drake policy at the time of trial. This figure reflected deductions taken for attorney’s fees incurred in the defense of both Sphere Drake and the Sheriff. In finding this reduction from the one million dollar policy limit, the trial court found Rthat the inclusion of these fees in the policy limits was contracted for by the parties. However, the trial court declined to reduce the policy limit by the amount of an appeal bond, concluding that the appeal for which the bond was taken advanced only the interest of Sphere Drake, not the Sheriff. Finally, the trial court found that reduction in the policy limit due to the payment of interest, as urged by Sphere Drake, is against public policy. The judgment reflected liability of $835,683.15 as well as interest from the date of judicial demand. Credit was given for payments made by Sphere Drake.

Sphere Drake appeals and assigns the following as error:

1. The trial court erred when it failed to admit detailed evidence submitted by an insurance company of its payments under an insurance policy, when the trial court was ordered by the Supreme Court to take such evidence and determine whether the insurer had paid its policy limit.
2. The trial court erred when it did not consider the terms and conditions of an insurance policy in order to determine from the evidence whether the insurer had paid its policy limit.
3. The trial court erred when it held an approved unauthorized (surplus lines) insurance carrier violated Louisiana public policy by including interest within its policy limit.

The plaintiffs have answered the appeal, asserting that the judgment should be amended to reflect a one million dollar policy limit.

Discussion

Sphere Drake contests the trial court’s ruling, asserting that the trial court failed to follow the supreme court’s instructions regarding the acceptance of new evidence of payments made after the date of the original trial held in the matter. It contends that consideration of the evidence entered, generally as a proffer, in this matter indicates that it is entitled to a declaration that the judgment against it of June 12, I,^1997 has been satisfied in full. Furthermore, it contends that the trial court erred in concluding that interest payments are not to be considered as deductions under the terms of the policy. It argues that because the policy at issue is a surplus lines policy, it is to be construed [791]*791according to the intent of the contracting parties and not according to public policy considerations that may be applicable to other policies.

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

Related

Edwards v. Daugherty
883 So. 2d 932 (Supreme Court of Louisiana, 2004)

Cite This Page — Counsel Stack

Bluebook (online)
848 So. 2d 787, 2002 La.App. 3 Cir. 354, Counsel Stack Legal Research, https://law.counselstack.com/opinion/edwards-v-daugherty-lactapp-2003.