Kahl v. Chevalier

188 So. 3d 449, 15 La.App. 3 Cir. 1028, 2016 La. App. LEXIS 565, 2016 WL 1130036
CourtLouisiana Court of Appeal
DecidedMarch 23, 2016
DocketNo. 15-1028
StatusPublished
Cited by4 cases

This text of 188 So. 3d 449 (Kahl v. Chevalier) 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
Kahl v. Chevalier, 188 So. 3d 449, 15 La.App. 3 Cir. 1028, 2016 La. App. LEXIS 565, 2016 WL 1130036 (La. Ct. App. 2016).

Opinions

GENOVESE, Judge.

| plaintiff, Wanda Kahl, appeals the trial court’s grant of summary judgment in favor of Defendant, Safeway Insurance Company of Louisiana (Safeway). Ms. Kahl also avers that the trial court erroneously denied her motion for partial summary judgment.1 For the following reasons, we affirm in part and reverse in part the judgment of the trial court and remand for further proceedings.

[451]*451DISCUSSION OF THE RECORD

This litigation ensued from a hit-and-run accident which occurred on July 12, 2012. Ms. Kahl filed suit on October 17, 2012, against Tricky Chevalier; Safeway, the purported liability insurer of Mr. Chevalier's vehicle; and, State Farm Mutual Automobile Insurance Company (State Farm), her uninsured/underinsured motorist carrier. In her Petition for Damages, Ms. Kahl alleged that she “was driving her 2011 Toyota Camry in a westerly direction on Jane [Street) in New Iberia,” and “[a]t the same time, [Defendant, Tricky Chevalier,] was operating a 1975 Chrysler Cordoba traveling in a westerly direction behind [her.]” She further alleged that she “used her turn signal, and came to a stop in order to make a left turn when [Mr. Chevalier] ran into the back of [her] vehicle[.]” Ms. Kahl filed suit against Safeway, the purported liability company insuring the vehicle which hit her. ■

IsMr. Chevalier and Safeway each answered Ms. Kahl’s petition,2 generally denying the allegations. Following Mr. Chevalier’s deposition, however, Safeway amended its answer to deny insurance coverage for the accident based on Mr. Chevalier allegedly making material misrepresentations when he applied for the insurance. Safeway ultimately filed a motion for summary judgment seeking dismissal of the claims of Ms. Kahl and State Farm, using Mr. Chevalier’s deposition testimony to substantiate its. claim that he “made material misrepresentations with the intent ... to deceive in order to secure coverage he otherwise could not have obtained.” Safeway’s motion for summary judgment asserted, in pertinent part:

In his application to Safeway, [Mr.] Chevalier represented to Safeway that he was the owner and primary driver of [the 1975 Chrysler Cordoba]. [Mr.] Chevalier specifically denied on his application that there were any other drivers. However, [Mr.] Chevalier testified in his deposition that [he] was acting as a front for ■ Joseph Pete. The vehicle was actually purchased by Joseph Pete, and [Mr.] Chevalier agreed to title the vehicle in his name and insure the vehicle in his name. The insurance premium was also paid by Joseph Pete. The vehicle was never garaged at [Mr.] Chevalier’s residence, and [Mr.] Chevalier never drove the vehicle. [Mr.] Chevalier admitted that he understood that these facts, made it look like he was the owner and driver of the 1975 Chrysler Cordoba. ■ ■. ¡

Safeway sought summary judgment dismissing all of the claims of Ms. Kahl and State Farm.

Relying upon La.R.S. 32:900,3 Ms. Kahl opposed Safeway’s motion for summary [452]*452judgment, arguing that “[ajccording to the mandatory provisions of the | ¡¡Motor Vehicle Safety Responsibility Law, Safeway is statutorily bound to provide coverage to [her].” Ms. Kahl submitted that, as a motor vehicle liability policy, La.R.S. 32:900(F)(1) specifically bars Safeway from denying coverage based upon, “intentional material misrepresentations made by Mr. Chevalier in the procurement of the policy.”

Ms. Kahl also filed a cross motion for partial summary judgment making the same argument, condemning Safeway’s use of Mr. Chevalier’s deposition testimony to invalidate its insurance coverage. Ms. Kahl’s motion for partial summary judgment asserted that Safeway issued! to Mr. Chevalier:

a motor vehicle liability policy as defined and governed by the Motor Vehicle Safety Responsibility Law (La, R.S.32:851, et seq.), particularly including La.R.S. 32:900 which makes Safeway’s liability under the policy absolute upon the occurrence of an accident causing injury contemplated by the policy, and which prohibits Safeway from using any statement made, by the insur,ed to void the policy.

Ms. Kahl sought summary judgment “finding Safeway liable on its motor vehicle liability policy[.j”

In answer to Ms. Kahl’s partial motion for summary judgment, Safeway submitted that there are two distinct forms of insurance policies-an automobile liability policy and a motor vehicle liability policy. According to Safeway, Ms. j4Kahl failed to show that the subject policy had been certified as proof of financial responsibility in accordance with La.R.S. 32:898.4 Thus, Safeway argued that La.R.S. 32:900 is inapplicable because the subject policy “was never certified as a ‘Motor Vehicle Liability Policy’ nor as ‘proof of financial responsibility’under [La.]R.S. 32:891-910.”

A hearing on the parties’ cross motions for summary judgment was held on June 18, 2015. Safeway conceded that La.R.S. 32:900 has “a provision in there that says insurers can’t raise certain defenses[;j” however, it .argued, “That only applies to the motor vehicle liability policy as defined in that section.” • Safeway averred that a motor vehicle liability policy “is a, specific and unique policy that is issued by insurance companies in which the insurance company certifies to the State that there is a policy of insurance,” and a motor vehicle liability policy “is used as proof of financial responsibility for persons whose license has been suspended and their registration privileges suspended.... And part of the definition of a motor vehicle liability policy is it’s got to be certified in accordance with [La.R.S.j 32:898.” Safeway alleged that the subject policy it issued to Mr. Chevalier “is not a motor vehicle liability policy. It is an automobile liability policy.”

[453]*453IsMs. Kahl countered, offering the insurance identification cards that Safeway issued to Mr. Chevalier. According to Ms. Kahl, the insurance identification cards issued by Safeway state that they were issued in accordance with La.R.S. 32:86S.l(A)(l)(a)5 and constitute written evidence of motor vehicle liability insurance as defined in La.R.S. 32:900.

' The trial court denied Ms. Kahl’s partial motion for summary judgment and granted Safeway’s motion for summary judgment resulting in a July 22, 2015 judgment dismissing, with prejudice, thé claims of Ms. Kahl and State Farm against Safeway.6 Ms. Kahl appeals.

ASSIGNMENT OF ERROR

On appeal, Ms. Kahl submits the following assignment of error for our consideration:

The trial court committed reversible error in granting the motion for summary judgment filed by Safeway Insurance Company and in not granting the Motion for Partial Summary Judgment filed by Petition[er], Wanda Kahl. In so ruling, the trial court (a) erroneously accepted Safeway’s argument that there is a distinction between an “automobile liability policy” and a “motor vehicle liability insurance policy” under the Louisiana Motor Vehicle Safety Responsibility Law [(¡(La.R.S. 32:851 et seq.), and’(b) erroneously determmed that' Safeway’s Policy was not a “motor vehicle liability insurance policy” as contemplated by the [Louisiana Motor Vehicle Safety Responsibility Law], including La.R.S. 32:900(F)(1). •:

STANDARD OF REVIEW

In Morein v. Acme Land Co., 15-135, pp.

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188 So. 3d 449, 15 La.App. 3 Cir. 1028, 2016 La. App. LEXIS 565, 2016 WL 1130036, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kahl-v-chevalier-lactapp-2016.