Lacoste v. Price

453 So. 2d 986
CourtLouisiana Court of Appeal
DecidedJune 26, 1984
Docket83 CA 0918
StatusPublished
Cited by3 cases

This text of 453 So. 2d 986 (Lacoste v. Price) 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
Lacoste v. Price, 453 So. 2d 986 (La. Ct. App. 1984).

Opinion

453 So.2d 986 (1984)

Guy B. LACOSTE
v.
Emmett PRICE, et al.

No. 83 CA 0918.

Court of Appeal of Louisiana, First Circuit.

June 26, 1984.

Charles B. Colvin and Jack Harang, New Orleans, for plaintiff, appellant, Guy B. Lacoste.

Steven B. Witman, New Orleans, for plaintiff, third party-plaintiff, Associated Indem. Corp., Appellee.

William R. Brough, New Orleans, for third party-defendant and third party-plaintiff, Emmett Price, appellee.

Edward P. Lobman, Metairie, for defendant and third party-defendant, State Farm etc., appellee.

*987 Before SHORTESS, LANIER and CRAIN, JJ.

LANIER, Judge.

This is a suit for damages in tort resulting from a collision between an automobile owned by Guy B. Lacoste and a pickup truck owned by Emmett L. Price, Jr. Named as defendants were Carl Alford (driver of the truck) and his liability insurer, Allstate Insurance Company (Allstate); Price and his liability insurer, State Farm Mutual Automobile Insurance Company (State Farm); and Lacoste's uninsured motorist insurer, Associated Indemnity Corporation (Associated). Price filed a third party demand against State Farm, and Associated filed third party demands against Alford, Price, State Farm and Allstate.

Prior to trial, Lacoste settled with Allstate for $9,500 (out of a $10,000 policy), reserving his rights against the remaining defendants. At trial, Lacoste and Associated stipulated that if no coverage was provided by State Farm, Associated would settle with Lacoste for $5,000. After presentation of his case, Lacoste moved to nonsuit his claim against Price. After the trial, the district court rendered judgment in favor of Lacoste and against Associated for $5,000, in favor of Associated and against Price for $5,000, in favor of Price dismissing Lacoste's claims against him as of nonsuit and in favor of State Farm dismissing Lacoste's claim and Price's and Associated's third party demands. Lacoste took this devolutive appeal contesting the dismissal of his claim against State Farm. No other party appealed or answered the appeal.

FACTS

Effective September 1, 1978, Price secured three separate policies of liability insurance from State Farm on the following vehicles: (1) 1970 Plymouth Valiant— policy period ending February 12, 1979; (2) 1965 Plymouth Valiant—policy period ending January 25, 1979; and (3) 1967 Dodge Dart—policy period ending March 1, 1979. Price also owned a wrecker truck which was insured by another company. Price owned several inoperable vehicles from which he salvaged parts to fix the vehicles he operated.

On November 15, 1978, Price purchased a 1971 Dodge 3/4 ton pickup truck "as is" from the Government Surplus office in Mississippi for approximately $600-$800. The truck was inoperable when acquired and had to be towed back to Price's home in Pearl River, Louisiana. In approximately December of 1978 or January of 1979, Price decided to make the truck operable and secured a Louisiana license plate for it.

On January 25, 1979, February 12, 1979, and March 1, 1979, the three policies secured by Price from State Farm on September 1, 1978, expired. Price renewed each of these policies prior to its expiration date. Price did not give notice to State Farm of the acquisition of the truck on November 15, 1978, during the policy period of any of these three policies, nor did he request State Farm to provide coverage for the truck.

On approximately March 11, 1979, Price began repairing the truck to get it into running condition. It took three or four days of work to get the truck in operating condition.

On March 21, 1979, Carl Alford was operating the truck owned by Price in an easterly direction on Louisiana Highway 41 in St. Tammany Parish, Louisiana. At this same time and place, Guy Lacoste was operating his 1971 Oldsmobile automobile in a westerly direction. A collision occurred when the truck crossed the center line of the highway and struck Lacoste's vehicle head-on. As a result of this collision, Lacoste sustained property damage to his vehicle, loss of wages of $3,234.39, medical bills and expenses of $5,560.35 and personal injuries. Price first reported his acquisition of the truck to State Farm when he reported the accident.

INSURANCE COVERAGE ON TRUCK

Each of the State Farm policies provides in pertinent part as follows:

*988 "owned automobile" means
(a) a private passenger, farm or utility automobile described in this policy for which a specific premium charge indicates that coverage is afforded,
. . . . .
(c) a private passenger, farm or utility automobile ownership of which is acquired by the named insured during the policy period, provided
(1) it replaces an owned automobile as defined in (a) above, or
(2) the company insures all private passenger, farm and utility automobiles owned by the named insured on the date of such acquisition and the named insured notifies the company during the policy period or within 30 days after the date of such acquisition of his election to make this and no other policy issued by the company applicable to such automobile, ...
. . . . .
"utility automobile" means an automobile, other than a farm automobile, with a load capacity of fifteen hundred pounds or less of the pick-up body, sedan delivery or panel truck type not used for business or commercial purposes;

The district court gave the following reasons for judgment:

Although this Dodge pick-up was inoperable when purchased, it was repaired in only three or four days' time. This Court finds that this Dodge pick-up had not lost its identity as an automobile under the terms of State Farm's policy when it was initially purchased by Price. Even though Price was not sure when he originally bought this pick-up whether he was going to sell same for parts or make it operable, the fact remains that the truck was operable with the exception of a bad clutch. The fact that this vehicle was badly rusted did not keep it from being classified as an automobile under this policy.
This Court does not find that the above quoted policy provision is ambiguous. This provision applies clearly to newly acquired automobiles and gives the prospective insured thirty days after the date of acquisition of such an automobile to notify the insurance company of his acquisition with insurance being provided in the meantime. However, should the prospective insured acquire a vehicle which has not lost its identity as such and does not report the acquisition of this vehicle within thirty days of purchase, then the insured must actually secure insurance on same before driving it. Nor is this unfair to the prospective insured. For jurisprudence not in point but analogous, see Mahaffey v. State Farm Mutual Automobile Insurance Company, 175 So.2d 905 (La.App. 3rd Cir., 1965) involving an uninsured vehicle which had, at one time, been insured by defendant insuror [sic]. Therefore, State Farm did not have a policy of insurance covering this 1971 Dodge pick-up when this accident occurred.

Price contends on appeal that the district court erred in finding that the truck was an "owned automobile" at the time of acquisition (November 15, 1978), thus precluding coverage because of noncompliance with the notice provisions of the State Farm policy.

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Bluebook (online)
453 So. 2d 986, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lacoste-v-price-lactapp-1984.