Employers Insurance of Wausau v. I.D.S.O. Investments, Inc.

410 So. 2d 786, 1982 La. App. LEXIS 6691
CourtLouisiana Court of Appeal
DecidedJanuary 14, 1982
DocketNo. 12165
StatusPublished
Cited by2 cases

This text of 410 So. 2d 786 (Employers Insurance of Wausau v. I.D.S.O. Investments, 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
Employers Insurance of Wausau v. I.D.S.O. Investments, Inc., 410 So. 2d 786, 1982 La. App. LEXIS 6691 (La. Ct. App. 1982).

Opinion

KLIEBERT, Judge.

I.D.S.O. Investments, Inc. (hereafter IDSO) is a corporation formed by the Hughes family for the purpose of integrating insurance, accounting, payroll and other managerial services for the various Hughes enterprises which at times numbered as high as twenty-three (23) different entities. IDSO acquired workmen’s compensation, general liability and automobile liability insurance coverage for all entities for a three year period, October 1, 1971 through October 1, 1974, from the plaintiff, Employers Insurance of Wausau (hereafter Employers). In the policy issued by Employers, the premiums paid during the year were to be adjusted at the end of the year in accordance with a “Retrospective Rating Plan D”. Under the plan, the standard premium is adjusted within limits (160% of the base premium as the maximum and 40% of the base premium as the minimum) to reflect the claim experience retrospectively. Attached as Appendix “A” is the entirety of the “Retrospective Premium Endorsement” issued as part of the workmen’s compensation policy for the period October 1, 1971 thru October 1, 1972. All parties agree the attached endorsement is applicable to all of the policies.

Each year three separate policies were issued, i.e., one for workmen’s compensation, one for general liability, and one for automobile liability. All three policies provided liability coverage for IDSO and each of the other Hughes entities. Each of the corporations involved in this suit are listed as named insureds in the policy along with IDSO. Copies of endorsement Nos. 1, 2 and 3 to the workmen’s compensation policy are attached hereto as Appendix “B”. Similar endorsements are part of the other two policies.

A dispute arose between the insured and insurer as to the method to be used in computing the premiums due under the Retrospective Rating Plan “D” endorsement. As a result, Employers filed suit to collect insurance premiums allegedly due and IDSO reconvened alleging overpayment of premiums. IDSO contends each corporate entity is a separately insured entity and for those premiums subject to Retrospective Policy Plan “D”, a separate premium should be computed for each corporation with the maximum and minimum applied to the standard premium for each corporation. Employers on the other hand contends that for purposes of computing the premiums due under the Retrospective Premium Plan “D”, there is only one insured entity with one maximum and minimum applied to the total of the standard premiums for all of the corporations. At the time of trial, following Employers’ method of computation would have resulted in an additional unpaid premium of $196,-712.00 being due by IDSO. On the other hand, a refund of $90,973.00 would be due to IDSO if its method of computing the premium was followed. Under the policy provisions, additional retroactive premium adjustments would have to be made now. During oral arguments in this Court, plaintiff and defendants acknowledged substantial modifications would now be required in the dollar amount of the premium even if the trial judge’s ruling was upheld and both parties suggested they could compute the amount of the premium once this Court ruled on the proper method to use in applying the maximum and minimum amount of the premium.

The district court found the policy provision ambiguous and capable of being interpreted as urged by either litigant. Since the policy was drafted by Employers, the trial judge concluded the ambiguity must [788]*788be construed against it and, accordingly, dismissed Employers’ demand and rendered judgment in favor of IDSO in the amount of $90,973.00. Employers brought this sus-pensive appeal and argues two errors by the trial judge. First, Employers contends the trial court has ignored the fact that IDSO alone is the party responsible for payment of the premium. Second, it urges that the policy language is explicit rather than ambiguous and must be interpreted in the manner urged by it. We find no manifest error in the trial judge’s ruling or in his findings of fact or in his application of the applicable law.

From the inception of the trial to its conclusion, the trial judge was repeatedly called upon to rule on the admissability of testimony offered by both sides to show the intent of the parties or the circumstances under which the policies were issued. In making his ruling, the trial judge repeatedly stated the testimony was admissable only if the contract (the insurance policy) was ambiguous. For the most part, he admitted the testimony and after three days of hearing testimony, decided that even in the light of the evidence offered, the policy provisions were still ambiguous. Since the provisions were drafted by Employers, he concluded the ambiguity must be construed against them and, accordingly, accepted IDSO’s interpretation of the policy provisions and, hence, rendered judgment for $90,973.00 in favor of IDSO.

Knowledgeable experts testified for each side and presented plausible opinions as to interpretations of the policy language which supported the side for which they testified. Employees of both parties testified with sincerity and conviction as to their intentions and beliefs as to how the premiums should be computed. Both counsel, equally learned in the law and in their knowledge of insurance contracts, presented skillful and persuasive arguments supporting their interpretation of the policy language. Pure and simple, however, but left unsaid by either party, is the controlling fact that the Retrospective Rating Endorsement for Plan “D”, standing alone, does not provide whether maximum and minimum limits are to be applied to the standard premiums for each company or for the total of the standard premiums for all companies. Considering the Retrospective Rating Endorsement for Plan “D” alone supports Employers’ contentions for the printed endorsement was apparently drafted with a single insured in mind. However, when the inquiry is expanded to the policy provisions as a whole and interpreted in the light of the fact that each of the corporations is a “named insured”, the contentions of IDSO become plausible.

As stated by the trial judge in his reasons for judgment “_the insurance policy in question is patently ambiguous with regard to the correct manner for computing the premiums under the Retrospective Rating Plan here in dispute”. He then states the basis for and results which flows from that conclusion as follows:

“With regard to the premium, the policy provides:
‘.. . the insured shall pay the deposit premium to the company ... and thereafter interim payments shall be ... paid by the insured ...
‘.. . Upon termination of this policy the earned premium shall be computed in accordance with the ... rating plan ... applicable to this insurance ... If the earned premium thus computed exceeds the premium previously paid, the insured shall pay the excess; if less, the company shall return to the insured unearned portion paid by the insured
Endorsement Two of the policy provided:
‘It is agreed that the firms or corporations designated below are entered in ... the declarations as named insureds, and that such insurance as is afforded by the policy applies to each of the insureds named below ... ’
Each of the corporations involved in this suit are listed as ‘named insureds’ along with IDSO Investments, Inc.

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Related

FPS, INC. v. Continental Contractors, Inc.
537 So. 2d 831 (Louisiana Court of Appeal, 1989)
Employers Insurance of Wausau v. I. D. S. O. Investments, Inc.
414 So. 2d 378 (Supreme Court of Louisiana, 1982)

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Bluebook (online)
410 So. 2d 786, 1982 La. App. LEXIS 6691, Counsel Stack Legal Research, https://law.counselstack.com/opinion/employers-insurance-of-wausau-v-idso-investments-inc-lactapp-1982.