Horton v. ANPAC Louisiana Insurance Co.

157 So. 3d 1254, 14 La.App. 3 Cir. 1104, 2015 La. App. LEXIS 401, 2015 WL 898542
CourtLouisiana Court of Appeal
DecidedMarch 4, 2015
DocketNo. 14-1104
StatusPublished

This text of 157 So. 3d 1254 (Horton v. ANPAC Louisiana Insurance 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
Horton v. ANPAC Louisiana Insurance Co., 157 So. 3d 1254, 14 La.App. 3 Cir. 1104, 2015 La. App. LEXIS 401, 2015 WL 898542 (La. Ct. App. 2015).

Opinion

SAVOIE, Judge.

| iln this insurance coverage dispute, the Plaintiffs seek review of a summary judgment finding that the uninsured/underin-sured motorist coverage provisions in their policy did not provide coverage for an alleged reduction in market value of the Plaintiffs’ vehicle resulting from an auto accident with an uninsured driver, and dismissing their claims. For the reasons that follow, we affirm.

FACTS AND PROCEDURAL HISTORY

The parties submit that on June 6, 2013, an automobile accident occurred wherein a 2013 Volvo owned by Dr. and Mrs. Horton was struck by an uninsured motorist. The Hortons allege that, as a result of the accident, their vehicle sustained physical damage, as well as a reduction in market value.

ANPAC Louisiana Insurance Company (ANPAC) issued a “Louisiana Automobile Policy” applicable to the Hortons’ vehicle. It is undisputed that ANPAC paid for the physical damages to the Hortons’ vehicle sustained in the accident pursuant to the collision coverage in the policy. ANPAC, however, refused to provide coverage for the vehicle’s alleged reduction in market value. Therefore, the Hortons filed suit against ANPAC, seeking damages for reduction in market value under the uninsured/underinsured motorist provisions of the policy, as well as penalties and attorney fees for failure to timely pay these damages.

The pertinent uninsured/underinsured motorist coverage provisions of the policy state as follows:

PART IV-UNINSURED/UNDERIN-SURED MOTORIST
Coverage J — Uninsured/Underinsured Motorist Coverage
We will pay damages which an insured person is legally entitled to recover from the owner or operator of an uninsured or underinsured motor vehicle because of bodily injury caused by ^accident and resulting from the ownership, maintenance, or use of the uninsured or underinsured motor vehicle. We will also pay damages which an insured person is legally entitled to recover from the owner or operator of an uninsured motor vehicle because of property damage caused by accident and resulting from the ownership, [1256]*1256maintenance or use of an uninsured motor vehicle.
Uninsured Motorist Property Damage is subject to a $250 deductible per accident.
The liability of the owner or operator of the uninsured or underinsured motor vehicle must result from the ownership, maintenance, or use of the vehicle. We will pay under each coverage only if a premium is shown for the respective coverage in the Declarations ...

(emphasis added).

The applicable declarations page shows a premium in the heading labeled “Uninsured & Underinsured Motorist[,]” and the line directly underneath, labeled “Limit Per Person/ACCIdent[,]” states “250,-000/500,000.”

In addition, the Hortons’ insurance application reflects a premium, and a $250,000 per person, $500,000 per accident limit in the line labeled “Uninsured/Under-insured Motorist bi[.]” The line labeled “Uninsured Motorist pd” is blank.

The parties filed cross motions for summary judgment seeking a determination as to whether the uninsured/underinsured motorist provisions provide coverage for reduction in market value. The trial judge granted summary judgment in favor of ANPAC and dismissed the Hortons’ claims, finding the uninsured/underinsured motorist provisions did not provide property damage coverage to the Hortons, and, therefore, did not cover the alleged reduction in market value.

LAW AND ANALYSIS

We review summary judgments as follows:

[¡¡Courts of appeal review summary judgments de novo applying the same analysis as the trial court. Schroeder v. Bd. of Supervisors of La. State Univ., 591 So.2d 342 (La.1991). Summary judgment is governed by La.Code Civ.P. arts. 966 and 967. Article 966 provides that while the burden of proving entitlement to summary judgment rests with the mover, if the mover will not bear the burden of proof at trial on the matter that is before the court on the motion for summary judgment, the mover’s burden does not require him to negate all essential elements of the adverse party’s claim, action or defense, but rather to point out that there is an absence of factual support for one or more elements essential to the adverse party’s claim, action or defense. Thereafter, if the adverse party fails to produce factual support sufficient- to establish that he will be able to satisfy his evidentiary burden of proof at trial, there, is no genuine issue of material fact. Hardy v. Bowie, 98-2821 (La.9/8/99), 744 So.2d 606.

Berard v. Home State County Mut. Ins. Co., 11-1372, p. 2 (La.App. 3 Cir. 5/9/12), 89 So.3d 470, 471-472.

Interpretation of insurance policies is governed by the following principles:

An insurance policy is a contract between the parties and should be construed by using the general rules of interpretation of contracts set forth in the Louisiana Civil Code. The judiciary’s role in interpreting insurance contracts is to ascertain the common intent of the parties to the contract.
Words and phrases used in an insurance policy are to be construed using their plain, ordinary and generally prevailing meaning, unless the words have acquired a technical meaning. An insurance contract, however, should not be interpreted in an unreasonable or strained manner under the guise of contractual interpretation to enlarge or to [1257]*1257restrict its provisions beyond what is reasonably contemplated by unambiguous terms or achieve an absurd conclusion.
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Ambiguous policy provisions are generally construed against the insurer and in favor of coverage. Under this rule of strict construction, equivocal provisions seeking to narrow an insurer’s obligation are strictly construed against the insurer. That strict construction principle applies only if the ambiguous policy provision is susceptible to two or more reasonable interpretations.
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If the policy wording at issue is clear and unambiguously expresses the parties’ intent, the insurance contract must be enforced as written. Courts lack the authority to alter the terms of insurance contracts under the guise of contractual interpretation when the |4poIicy’s provisions are couched in unambiguous terms. The determination of whether a contract is clear or ambiguous is a question of law.

Cadwallader v. Allstate Ins. Co., 02-1637, pp. 3-4 (La.6/27/03), 848 So.2d 577, 580 (citations omitted).

The Hortons argue on appeal that the uninsured/underinsured motorist provisions of their policy entitle them to coverage for property damage, including reduction of market value, resulting from an uninsured driver. They submit that coverage for both bodily injury and property damage is automatically available under the uninsured/underinsured motorist provisions, provided that the insured purchases uninsured/underinsured motorist coverage, and that a separate premium for uninsured/underinsured property damage coverage is not required. We disagree.

The uninsured/underinsured motorist provisions are provided in the policy under “Part IV — Uninsured/Underinsured Motorist”.

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Related

Schroeder v. Board of Sup'rs
591 So. 2d 342 (Supreme Court of Louisiana, 1991)
Cadwallader v. Allstate Ins. Co.
848 So. 2d 577 (Supreme Court of Louisiana, 2003)
Hardy v. Bowie
744 So. 2d 606 (Supreme Court of Louisiana, 1999)
Berard v. Home State County Mutual Ins.
89 So. 3d 470 (Louisiana Court of Appeal, 2012)

Cite This Page — Counsel Stack

Bluebook (online)
157 So. 3d 1254, 14 La.App. 3 Cir. 1104, 2015 La. App. LEXIS 401, 2015 WL 898542, Counsel Stack Legal Research, https://law.counselstack.com/opinion/horton-v-anpac-louisiana-insurance-co-lactapp-2015.