Haygood v. Dies

174 So. 3d 1211, 2015 La. App. LEXIS 1544, 2015 WL 4748136
CourtLouisiana Court of Appeal
DecidedAugust 12, 2015
DocketNo. 49,972-CA
StatusPublished
Cited by3 cases

This text of 174 So. 3d 1211 (Haygood v. Dies) 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
Haygood v. Dies, 174 So. 3d 1211, 2015 La. App. LEXIS 1544, 2015 WL 4748136 (La. Ct. App. 2015).

Opinion

CARAWAY, J.

LThe appellant, who is a dentist and a member of the state regulatory board for dentistry, was sued with others for actions taken by the board concerning the plaintiff and his dentist practice. The allegations of the claim were that the appellant acted in concert with others in a conspiracy to slander or defame the character of the plaintiff. Following appellant’s claim for insurance coverage from his homeowner’s insurance, the insurer intervened in the action seeking a declaratory judgment that no coverage or duty to defend was owed under the policy. The trial court rendered judgment on a motion for summary judgment in favor of the insurer which is now appealed. For the following reasons, we affirm.

Facts

This lawsuit is based on the investigation and disciplinary proceeding against Dr. Ryan Haygood, where Dr. Haygood’s dental license was initially revoked by the Louisiana State Board of Dentistry (“Dental Board”).

The Dental Board began investigating Dr. Haygood and ultimately filed charges against him after receiving formal complaints from patients and other dentists that Dr. Haygood was recommending treatment plans after over-diagnosing or unnecessarily diagnosing patients with periodontal disease. On November 8, 2010, the Dental Board found that Dr. Haygood had violated the Dental Practice Act and revoked his dental license and levied fines against him.

Dr. Haygood appealed the Dental Board’s decision to the Civil District Court of Orleans Parish, which affirmed the Board’s ruling. Then |2Pr. Haygood appealed to . the Louisiana Fourth Circuit Court of Appeal, which vacated and remanded the case. The court found that the Dental Board’s independent counsel participated in the administrative hearing in dual roles as prosecutor and adjudicator in violation of Dr. Haygood’s due process rights.

After the appeal court’s ruling, Dr. Hay-good and his limited liability company filed this suit for damages in 2011, naming the Dental Board and others as defendants.

On June 28, 2013, Dr. Haygood supplemented his petition to add Dr. Herman O. Blackwood, III (“Dr.Blackwood”), as a defendant. Dr. Haygood claims that Dr. Blackwood, with others, caused him damage through actions that were initiated by the Dental Board, resulting in the disciplinary hearing.

After learning of the lawsuit, Dr. Black-wood gave notice of the lawsuit to Encompass Insurance Company of America (“Encompass”), his homeowner’s insurance provider, seeking defense and indemnity. In September of 2013, Encompass provided Dr. Blackwood with written analysis of the claims in the lawsuit and the reasons for its declination of coverage under the Encompass policy. Encompass then, on April 3, 2014, filed an intervention for declaratory judgment in the Haygood lawsuit.

Encompass moved for summary judgment on the coverage issue. Dr. Black-wood .filed his own motion for partial summary judgment on the issues of whether coverage was excluded under the policy [1214]*1214and his entitlement to a reimbursement of defense costs and a continuing defense from Encompass. ^Encompass then filed an opposition brief alleging that it owed no duty to defend Dr. Blackwood.

After a hearing on the motions, the trial court issued a judgment granting Encompass’ motion and denying Dr. Blackwood’s motion, finding that the homeowner’s policy did not provide coverage for the claims asserted against Dr. Blackwood and that Encompass had no duty to defend and indemnify Dr. Blackwood. Dr. Blackwood appeals.

Law

An insurance policy should be interpreted by using ordinary contract principles. Henly v. Phillips Abita Lumber Co., 06-1856 (La.App. 1st Cir.10/3/07), 971 So.2d 1104. Interpretation of a contract is the determination of the common intent of the parties. La. C.C. art. 2045. When the words of a contract are clear and explicit and lead to no absurd consequences, no further interpretation may be made in search of the parties’ intent. La. C.C. art. 2046. The words of a contract must be given their generally prevailing meaning. La. C.C. art 2047. Each provision in an insurance policy must be interpreted in light of the other provisions so that each is given the meaning suggested by the contract as a whole. La. C.C. art. 2050; La. R.S. 22:881.

To determine if the an insurer owes the insured a duty to defend, the court is confined to the “eight corners” of the allegation and the insurance policy. As stated by the court in Vaughn v. Franklin, 00-0291 (La.App. 1st Cir.3/28/01), 785 So.2d 79, 88:

The insurer’s duty to defend suits brought against its insured is determined by the allegations of the injured plaintiffs petition, with the insurer being obligated to furnish a defense unless the petition unambiguously excludes coverage.
|/Thus, if, assuming all the allegations of the petition to be true, there would be both (1) coverage under the policy and (2) liability to the plaintiff, the insurer must defend the insured regardless of the outcome of the suit.

Accordingly, an insurer’s duty to defend is broader than its liability for damages. Yount v. Maisano, 627 So.2d 148 (La.1993). An insurer has a duty to defend if there exists a “single allegation in the plaintiffs petition under which coverage is not unambiguously excluded.” Vaughn, supra.

The ‘Fight Comers” Review

Following the so-called “eight corners” analysis, the parties’ opposing motions for summary judgment rest on the petition’s factual allegations against Dr. Blackwood and the contractual provisions for coverage under the Encompass policy.

In Dr. Haygood’s initial petition, the following charge is made against the executive director of the Dental Board and other dentists/defendants:

(9)
Dr. Haygood and Haygood Dental Care, LLC allege that by virtue of defendants’ participation in highly irregular and unlawful actions in connection with the investigation, prosecution and adjudication of decisions by the Louisiana State Board of Dentistry in “Re: Ryan Haygood, DDS, License No. 5334,” defendants knowingly and intentionally deprived Dr. Haygood of his right to a fair and impartial hearing; presented knowingly false or exaggerated claims, provided evidence obtained through unlawful means; and took other actions which deprived Dr. Haygood of the right and privilege to conduct his [1215]*1215livelihood as a licensed dentist in the State of Louisiana.

This charge was directed toward Dr. Blackwood upon his inclusion as a defendant.

The allegations from the third amended petition that named Dr. Blackwood as a defendant in the suit are listed below:

l¡>4
At all times pertinent herein, Dr. Blackwood was a Board member and the Board District Representative for Northwest Louisiana. He was also a direct competitor of Dr. Haygood.
5
Dr. Blackwood has a deeply negative personal and professional predisposition toward Dr. Haygood that has served as motivation for his orchestrated efforts to pursue disciplinary action against Dr. Haygood.
6
By virtue of Dr.

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Cite This Page — Counsel Stack

Bluebook (online)
174 So. 3d 1211, 2015 La. App. LEXIS 1544, 2015 WL 4748136, Counsel Stack Legal Research, https://law.counselstack.com/opinion/haygood-v-dies-lactapp-2015.