LeBlanc v. Aysenne

921 So. 2d 85, 2006 WL 135563
CourtSupreme Court of Louisiana
DecidedJanuary 19, 2006
Docket2005-C-0297
StatusPublished
Cited by34 cases

This text of 921 So. 2d 85 (LeBlanc v. Aysenne) is published on Counsel Stack Legal Research, covering Supreme Court of Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
LeBlanc v. Aysenne, 921 So. 2d 85, 2006 WL 135563 (La. 2006).

Opinion

921 So.2d 85 (2006)

Terry LeBLANC and Michelle S. LeBlanc
v.
Gail B. AYSENNE and the Handover Insurance Company.

No. 2005-C-0297.

Supreme Court of Louisiana.

January 19, 2006.
Rehearing Denied March 10, 2006.

*87 Perret Doise, Ian A. MacDonald, Lafayette, for applicant.

LeBlanc & Waddell, Jody Edward Anderman, Baton Rouge, Paul T. Landry, Franklin, for respondent.

TRAYLOR, J.[*]

In this case we are presented with the issue of whether an insurer may contractually limit an insured's recovery of legal *88 interest and confine interest payments on a judgment to the policy limits payable by the insurer.

FACTS AND PROCEDURAL HISTORY

On October 30, 1998, Terry LeBlanc was involved in a motor vehicle accident with Gail Aysenne ("Aysenne"). As a result of the injuries sustained in the accident, Terry LeBlanc and his wife, Michelle Leblanc (hereinafter referred to as "the LeBlancs"), filed suit against Aysenne; her insurer, Hanover Insurance Company; St. Martin Parish School Board and the State, through the Department of Transportation and Development ("DOTD"). The LeBlancs subsequently amended their petition and added as a defendant Terry LeBlanc's uninsured/underinsured carrier ("UM"), Louisiana Farm Bureau Casualty Insurance Company ("Farm Bureau").

Prior to trial, the LeBlancs dismissed their claims against the St. Martin Parish School Board and the DOTD. The LeBlancs also settled their claims with Aysenne for $295,000.00, the limits of Aysenne's liability policy with Hanover. The case proceeded to trial with Farm Bureau as the sole defendant.

After a two day jury trial, the jury returned a verdict in favor of the LeBlancs in the amount of $1,271,494.00, and assessed 90% fault to Aysenne.[1] The final judgment was signed on May 2, 2003, and held Farm Bureau responsible for its entire policy limits of $100,000.00. The judgment further provided that Farm Bureau was responsible only for the legal interest on $100,000.00 from the date of judicial demand until paid.[2]

The LeBlancs appealed the trial court's ruling on the assessment of legal interest. According to the LeBlancs, Farm Bureau is responsible for legal interest on the entire judgment of $1,144,344.00, the amount attributable to the underinsured driver. The Court of Appeal, First Circuit, affirmed the trial court but amended the judgment insofar as the calculation of interest. The appellate court amended the judgment to reflect that Farm Bureau is obligated to pay legal interest on its $100,000 policy limits from the date of judicial demand until May 2, 2003, and ordered Farm Bureau to pay interest on the excess judgment, $1,144,344.63, from the date of judgment until payment of the policy limits and interest thereon.

Farm Bureau sought a writ of certiorari to this Court, contending that the policy language is clear and that liability is limited to interest on the policy limit only. Based on our review of the record, briefs and argument of counsel, we conclude that the crux of this matter hinges on the issues of: (1) whether an insurer may contractually limit an insured's recovery of legal interest and confine interest payments on a judgment to the policy limit payable by the insurer; (2) or whether an insured is entitled to interest on the entire judgment attributable to an uninsured/underinsured driver. This Court granted *89 Farm Bureau's writ application to thoroughly review these issues.[3]

LAW AND DISCUSSION

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 Civil Code. Louisiana Ins. Guar. Ass'n v. Interstate Fire & Cas. Co., 93-0911, p. 5 (La.1/14/94); 630 So.2d 759, 763; Smith v. Matthews, 611 So.2d 1377, 1379 (La.1993). There are certain elementary legal principles which apply to the interpretation of insurance policies. Pareti v. Sentry Indem. Co., 536 So.2d 417, 420 (La.1988). The parties' intent, as reflected by the words of the policy, determine the extent of coverage. Louisiana Ins. Guar. Ass'n v. Interstate Fire & Cas. Co., 93-0911, p. 5, 630 So.2d at 763. Such intent is to be determined in accordance with the general, ordinary, plain and popular meaning of the words used in the policy, unless the words have acquired a technical meaning. La. Civ.Code art.2047; Louisiana Ins. Guar. Ass'n, 93-0911, p. 5, 630 So.2d at 763. If the policy wording at issue is clear and expresses the intent of the parties, the agreement must be enforced as written. Pareti v. Sentry Indemnity Co., 536 So.2d at 420 (La.1988). If there is an ambiguity in a policy, then that ambiguity should be construed in favor of the insured and against the insurer. Id.

In analyzing insurance contracts, courts must remain mindful that insurance contracts should not be interpreted in an unreasonable or strained manner under the guise of contractual interpretation to enlarge or to restrict its provisions beyond what is reasonably contemplated by unambiguous terms or achieve an absurd conclusion. Carrier v. Reliance Ins. Co., 99-2573, p. 11 (La.4/11/00); 759 So.2d 37, 43; Peterson v. Schimek, 98-1712, p. 5 (La.3/2/99); 729 So.2d 1024, 1028. The rules of construction do not authorize a perversion of the words or the exercise of inventive powers to create an ambiguity where none exists or the making of a new contract when the terms express with sufficient clearness the parties' intent. Succession of Fannaly v. Lafayette Ins. Co., 01-1355, p. 4 (La.1/15/02); 805 So.2d 1134, 1138; Peterson, 98-1712, p. 5, 729 So.2d at 1029. The judiciary's responsibility in interpreting insurance contracts is to determine the parties' common intent. Louisiana Ins. Guar. Ass'n, 93-0911, p. 5, 630 So.2d at 763. Armed with these essential legal principles, we must first examine the insurance contract to determine whether any ambiguities exist.

FARM BUREAU'S UNINSURED/UNDERINSURED MOTORIST PROVISIONS

Farm Bureau issued an automobile policy to Terry LeBlanc agreeing to insure him for both liability and uninsured/underinsured coverage. Mr. LeBlanc's Coverage A-Liability, "Bodily Injury" limits were designated at $100,000 per accident and $300,000 per occurrence. However, Mr. LeBlanc elected lower limits for Coverage Uninsured-Bodily Injury ("UMBI")-uninsured/underinsured motorist coverage.[4]*90 The limits of Mr. LeBlanc's UMBI coverage are $50,000 per person and $100,000 per occurrence.[5]

The LeBlancs settled with Aysenne and her insurer for $285,000, but asserted that their damages exceeded that amount.[6] Since the LeBlancs sought an excess amount from the underinsured motorist coverage provided by Farm Bureau, we must examine the relevant provisions of Farm Bureau's policy regarding underinsured motorist coverage. The relevant provisions provide:

PART IV. PROTECTION AGAINST UNINSURED/UNDERINSURED MOTORIST

Coverage U — Uninsured Motorist (Damage for Bodily Injury)

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Cite This Page — Counsel Stack

Bluebook (online)
921 So. 2d 85, 2006 WL 135563, Counsel Stack Legal Research, https://law.counselstack.com/opinion/leblanc-v-aysenne-la-2006.