LA. INS. GUAR. ASS'N v. Johnson Controls

905 So. 2d 444, 2005 WL 1278229
CourtLouisiana Court of Appeal
DecidedMay 31, 2005
Docket05-CA-27
StatusPublished
Cited by1 cases

This text of 905 So. 2d 444 (LA. INS. GUAR. ASS'N v. Johnson Controls) 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
LA. INS. GUAR. ASS'N v. Johnson Controls, 905 So. 2d 444, 2005 WL 1278229 (La. Ct. App. 2005).

Opinion

905 So.2d 444 (2005)

LOUISIANA INSURANCE GUARANTY ASSOCIATION
v.
JOHNSON CONTROLS, INC. and Johnson Controls World Services, Inc.

No. 05-CA-27.

Court of Appeal of Louisiana, Fifth Circuit.

May 31, 2005.

*446 Angela W. Adolph, Stephanie B. Laborde, Baton Rouge, Louisiana, for Plaintiff/Appellee.

John H. Musser, V, Murphy, Rogers & Sloss, New Orleans, Louisiana, Geoffrey A. Bryce, Jennifer B. Cromheecke, Brycedowney, LLC, Chicago, Illinois, for Defendant/Appellant.

Panel composed of Judges EDWARD A. DUFRESNE, JR., JAMES L. CANNELLA, and WALTER J. ROTHSCHILD.

JAMES L. CANNELLA, Judge.

The Defendant, Johnson Controls World Services, Inc. (JCWS), appeals from the trial court judgment granting summary judgment in favor of the Plaintiff, Louisiana Insurance Guaranty Association (LIGA), denying JCWS' summary judgment motion, and ordering JCWS to pay LIGA $25,457.18. For the reasons which follow, we amend and, as amended, affirm.

The facts giving rise to this action are not in dispute. Rebecca Moss (Moss) was injured on January 3, 2000 while in the scope of her employment with JCWS. JCWS had, at the time of the accident, contracted with Reliance National Indemnity Company (Reliance) for Workers' Compensation Liability Insurance coverage. Moss received workers' compensation benefits from Reliance until it went into liquidation on October 3, 2001. Following Reliance's liquidation, on or about December 2, 2001, LIGA assumed responsibility for payments to Moss and began paying her workers' compensation benefits. LIGA made a request of JCWS for reimbursement for the benefits it had paid to Moss on JCWS' behalf. JCWS refused to reimburse LIGA.

On February 21, 2003, LIGA filed suit against JCWS for reimbursement of $25,457.18, the amount claimed for administrative expenses and benefit payments related to Moss' claim. JCWS filed exceptions and an answer to the suit. Thereafter, LIGA filed for a summary judgment arguing that there were no material issues of fact and that, based on La. R.S. 22:1379(3)(f), LIGA was entitled to judgment as a matter of law. JCWS filed a cross motion for summary judgment arguing that it was not liable. Following a hearing on June 24, 2004, the trial court rendered summary judgment in favor of LIGA in the amount of $25,457.18 on August 6, 2004. The trial court denied the cross summary judgment motion of JCWS. It is from this judgment that JCWS appeals.

The appellate standard of review for summary judgment is well settled. Appellate courts review summary judgments de novo using the same criteria applied by the trial courts to determine whether summary judgment is appropriate. Smith v. Our Lady of the Lake Hosp., 93-2512 *447 (La.7/5/94), 639 So.2d 730, 750; Nuccio v. Robert, 99-1327 (La.App 5th Cir. 04/25/00), 761 So.2d 84, writ denied, 00-1453 (La.6/30/00), 766 So.2d 544; Moody v. United Nat. Ins. Co., 98-287 (La.App. 5th Cir.9/29/98), 743 So.2d 680. Thus, this Court must consider whether there is any genuine issue of material fact, and whether the mover is entitled to judgment as a matter of law. Smith, supra; Magnon v. Collins, 98-2822 (La.7/7/99), 739 So.2d 191.

On appeal JCWS presents seven arguments for review. The first four arguments pertain to the statutory interpretation of the two statutes applicable to LIGA's claim and the effect of an amendment to those statutes.

LIGA relied on La. R.S. 22:1379(3)(f), in effect at the time the payments were made and suit was filed, in support of its position that JCWS owed it reimbursement for the funds it paid to Moss. That statute provided in part:

§ 1379 Definitions
As used in this Part:
(3)(f) "Covered claim" shall not include any claim by any insured whose net worth exceeds twenty-five million dollars on December thirty-first of the year immediately preceding the date of the determination of the insolvency of the insurer.

It was not disputed that JCWS' net worth exceeded 25 million dollars on the designated date. LIGA's position is that the claim it paid was not covered and therefore not owed by LIGA. Since LIGA paid a claim on behalf of JCWS that it was not legally required to pay, LIGA argues that it is legally entitled to obtain reimbursement from JCWS, on whose behalf the claim was paid.

JCWS relies on the companion provision, La. R.S. 22:1382(D), in effect at the time the payments were made and the suit was filed, in support of its position that it does not owe reimbursement to LIGA. La. R.S. 22:1382(D) provided in pertinent part:

§ 1382. Powers and duties of the association
(D). The association shall have the right to recover from an insured any covered claim paid on behalf of the insured whose net worth exceeds twenty-five million dollars on December thirty-first of the year immediately preceding the date of the determination of the insolvency of the insured.

JCWS argues that this is the provision that authorizes LIGA to seek reimbursement of paid claims and the payments made in this case do not come within the terms of the provision. More particularly, under the strict language of the statute, the claim paid by LIGA does not come within it terms because: (1) by definition, La. R.S. 22:1379(3)(f), it was not a "covered claim;" (2) the claim was not paid on behalf of JCWS; and (3) the "insured" has not been determined to be insolvent.

Well settled guidelines of statutory construction dictate our manner of review in this case. These principles were most recently reiterated by the Supreme Court in Louisiana Municipal Association v. State, 04-0227 (La.1/19/05), 893 So.2d 809, 836, as follows:

"Legislation is the solemn expression of legislative will, and therefore, the interpretation of a law involves primarily the search for the legislature's intent." La.Code Civ. art. 2; Detillier v. Kenner Regional Medical Center, XXXX-XXXX p. 3 (La.7/6/04), 877 So.2d 100, 103; Grant v. Grace, 2003-2021 p. 4 (La.4/14/04), 870 So.2d 1011, 1014; Sultana Corp. v. Jewelers Mut. Ins. Co., XXXX-XXXX p. 3 (La.12/3/03), 860 So.2d 1112, 1115. The interpretation of a statute starts with the language of the statute itself. *448 Grant, 2003-2021 p. 4, 870 So.2d at 1014. When a law is clear and unambiguous and its application does not lead to absurd consequences, the law shall be applied as written, and no further interpretation may be made in search of the intent of the legislature. La.Code Civ. art. 9; Detillier, XXXX-XXXX p. 4, 877 So.2d at 103.
The laws of statutory construction require that laws on the same subject matter must be interpreted in reference to each other. La.Code Civ. art. 13; Detillier, XXXX-XXXX p. 4, 877 So.2d at 103. The legislature is presumed to have acted with deliberation and to have enacted a statute in light of the preceding statutes involving the same subject matter. Detillier, XXXX-XXXX p. 8, 877 So.2d at 106; Grant, 2003-2021 p. 5, 870 So.2d at 1014, citing Theriot v. Midland Risk Ins. Co., 95-2895 (La.5/20/97), 694 So.2d 184, 186. "Under our long-standing rules of statutory construction, where it is possible, courts have a duty in the interpretation of a statute to adopt a construction which harmonizes and reconciles it with other provisions dealing with the same subject matter." Hollingsworth v. City of Minden, 2001-2658 p. 4, 828 So.2d 514, 517; Grant, 2003-2021 p. 5, 870 So.2d at 1014, citing Theriot, 95-2895, 694 So.2d at 186.

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905 So. 2d 444, 2005 WL 1278229, Counsel Stack Legal Research, https://law.counselstack.com/opinion/la-ins-guar-assn-v-johnson-controls-lactapp-2005.