Husband v. Darby

749 So. 2d 779, 1999 WL 1066897
CourtLouisiana Court of Appeal
DecidedNovember 24, 1999
Docket99-270
StatusPublished
Cited by3 cases

This text of 749 So. 2d 779 (Husband v. Darby) 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
Husband v. Darby, 749 So. 2d 779, 1999 WL 1066897 (La. Ct. App. 1999).

Opinion

749 So.2d 779 (1999)

Henry HUSBAND, Plaintiff-Appellant,
v.
Judy H. DARBY, et al., Defendant-Appellee.

No. 99-270.

Court of Appeal of Louisiana, Third Circuit.

November 24, 1999.

Lawrence K. Burleigh, Lafayette, for Henry Husband, et ux.

Thomas Fitzgerald Porter, IV, Lafayette, pro se.

Mesonie Terrence Halley, Jr., Lake Charles, for Tetra Technologies.

Barry L. Domingue, for National Union Fire Ins. Co.

BEFORE: YELVERTON, SAUNDERS, DECUIR, PETERS, AND SULLIVAN, Judges.

SAUNDERS, Judge.

Shane Henry rear-ended Henry Husband's (Plaintiff) automobile. Plaintiff sustained injuries as a result of the accident. At the time of the accident, Plaintiff was driving his personal automobile and was in the course and scope of employment. Subsequently, Plaintiff sued Shane Henry, an underinsured motorist, and National Union Insurance, his employer's uninsured motorist (UM) carrier. National Union filed a motion for summary judgment, asserting that Plaintiff was not covered by the issued policy. The trial court, relying upon the holding of Ratcliff v. Theriot, 93-973 (La.App. 3 Cir. 3/2/94); 634 So.2d 1234, writ denied, 99-0685 (La.5/6/94); 637 So.2d 1048, sustained National Union's motion for summary judgment. Plaintiff appeals to this court, we reverse. We hold that the clear and explicit language of the contract extends coverage to the Plaintiff. Moreover, we overrule the holding in Ratcliff to the extent that the Ratcliff insurance policy is indistinguishable from the insurance policy in the instant case.

*780 FACTS

On February 2, 1994, Henry Husband was rear-ended by Shane C. Henry (Henry), an underinsured motorist. Plaintiff was driving his personal vehicle and was in the course and scope of employment with Tetra Technologies, Incorporated (Tetra). The accident resulted in Plaintiff being injured.

On January 23, 1995, Plaintiff and his wife, Shelly G. Husband, filed suit against Shane Henry's natural tutrix, Henry's liability carrier, and Tetra's UM carrier, National Union Fire Insurance Company (National Union). The policy issued by National Union allocated $1,000,000 of UM coverage. Plaintiff settled with all parties except National Union.

During the course of the proceedings, National Union unsuccessfully filed several motions and writs in an attempt to deny coverage. However, these motions and writs were denied. In August 1998, Plaintiff filed a motion for summary judgment asserting that as a matter of law, Plaintiff was in the course and scope of employment at the time of the accident. The trial court sustained Plaintiff's motion for summary judgment. Two weeks prior to trial, National Union filed another motion for summary judgment maintaining that as a matter of law, Plaintiff was not covered under the UM policy. The trial court, relying upon Ratcliff, 634 So.2d 1234, sustained National Union's motion and dismissed Plaintiff's case. Plaintiff appeals to this court citing the following assignments of error:

(1) The trial court erred in granting National Union's motion for summary judgment because National Union's automobile liability insurance policy clearly and specifically provides UM insurance coverage to Plaintiff.
(2) The trial court erred in granting National Union's motion for summary judgment because the facts of Ratcliff on which the court relied are distinguishable from the present case.
(3) The trial court erred in relying on the Ratcliff case because the Ratcliff court ignored the plain language of the automobile liability insurance policy at issue, did not follow Louisiana law on contract and insurance policy interpretation, and because the Ratcliff decision is against the weight of Louisiana jurisprudential authority.
(4) The trial court erred in granting National Union's motion for summary judgment because the Louisiana UM statute, La.R.S. 22:1406(D)(1)(a)(i), mandates UM coverage for Plaintiff.

LAW AND ANALYSIS

A party is entitled to summary judgment where the pleadings, depositions, answers to interrogatories and admissions, together with affidavits, show there is no genuine issue of material fact and that the mover is entitled to judgment as a matter of law. See La.Code Civ.P. art. 966; Haywood v. Louisiana Sugar Cane Products, 96-1151 (La.App. 3 Cir. 3/5/97); 692 So.2d 524. The jurisprudence has consistently held that appellate courts review summary judgments de novo under the same criteria that govern the trial court's determination of whether a summary judgment is appropriate. Potter v. First Federal Savings and Loan Association of Scotlandville, 615 So.2d 318 (La.1993); Schroeder v. Board of Supervisors of Louisiana State Univ., 591 So.2d 342 (La.1991). Moreover, a dispute as to whether, as a matter of law, the language of an insurance policy provides coverage to a party can be properly resolved within the context of a motion for summary judgment. Domingue v. Reliance Ins. Co., 619 So.2d 1220 (La.App. 3 Cir.1993).

Contract Interpretation:

Plaintiff presents four assignments of error for our review. We address the first three together. Essentially, the first three assignments of error claim that the trial court's reliance on our decision in Ratcliff, *781 634 So.2d 1234, was either wrong or distinguishable. Plaintiff contends that the insurance policy in the instant case and the policy in Ratcliff clearly and specifically provides UM insurance coverage to an employee's personal auto being used in the course and scope of employment.

The primary issue centers around contract interpretation. In Louisiana Insurance Guaranty Association v. Interstate Fire & Casualty Company, 93-0911 (La.1/14/94); 630 So.2d 759, 763, the supreme court stated that an "[i]nsurance policy is a contract between the parties and should be construed by using general rules of interpretation of contracts." According to La.Civ.Code art.2046 "[w]hen 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." (Emphasis added). The question whether an insurance contract is clear and unambiguous is a question of law. Louisiana Ins. Guaranty Ass'n, 630 So.2d 759. Additionally, La.Civ.Code art.2056 states: "[i]n case of doubt that cannot be otherwise resolved, a provision in a contract must be interpreted against the party who furnished its text. A contract executed in a standard form of one party must be interpreted, in case of doubt, in favor of the other party."

The trial court relied on Ratcliff in granting National Union's motion for summary judgment. In Ratcliff, Cyrus Ratcliff, Sr. (Ratcliff) was injured in an accident while driving his personal vehicle. At the time of the accident, Ratcliff was in the course and scope of his employment. The tortfeasor was an uninsured motorist. Ratcliff sued for damages and named his employer's UM carrier. Subsequently, Ratcliff filed a motion for declaratory judgment on the issue of coverage. The trial court granted the motion and declared that Ratcliff was covered by the policy.

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749 So. 2d 779, 1999 WL 1066897, Counsel Stack Legal Research, https://law.counselstack.com/opinion/husband-v-darby-lactapp-1999.