Lewis v. Miller

826 So. 2d 628, 2002 La.App. 4 Cir. 0667, 2002 La. App. LEXIS 2666, 2002 WL 1973938
CourtLouisiana Court of Appeal
DecidedAugust 21, 2002
DocketNo. 2002-CA-0667
StatusPublished
Cited by2 cases

This text of 826 So. 2d 628 (Lewis v. Miller) 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
Lewis v. Miller, 826 So. 2d 628, 2002 La.App. 4 Cir. 0667, 2002 La. App. LEXIS 2666, 2002 WL 1973938 (La. Ct. App. 2002).

Opinion

11 TERRI F. LOVE, Judge.

Defendant, Allstate Insurance Company, seeks review of the trial court’s judgment holding that La. R.S. 32:866 does not apply to the spouse of an owner/operator of an unregistered and uninsured vehicle when the spouse’s name is not on the title or bill of sale.

Plaintiff, Antoinette Lewis, was a passenger in a vehicle owned and operated by her husband when the vehicle was struck in the rear by a vehicle owned and operated by Leroy Miller, who was insured by Allstate Insurance Company. The plaintiff sued Miller and Allstate seeking damages for the injuries she allegedly sustained in the accident. Plaintiff dismissed Miller from the action immediately prior to trial but reserved her rights against Allstate Insurance Company. Allstate argued at trial that La. R.S. 32:866 prevents the plaintiff from recovering any damages for her alleged injuries. After a bench trial, the trial court rendered judgment in favor of the plaintiff and awarded $8500.00 in general damages and $1636.00 in special damages. In its reasons for judgment, the trial court stated that it “granted judgment for the plaintiff, because she was not the owner on the bill of sale. The law did not address this issue and the Court assumed that the legislative intent was not to exclude the spouse, if he or she was not the registered owner of the vehicle.”

LOn appeal, the defendant assigns two errors:

(1) Instead of giving the term “owner” its generally prevailing meaning, the trial court held that the term “owner” in the Omnibus Premium Reduction Act did not include a spouse/ guest passenger in her community property owned car because the spouse was not referenced on the bill of sale or as the registered owner.
[630]*630(2) The trial court erred in entering a judgment in favor of the plaintiff and against Allstate, as the insurer, pursuant to the Louisiana Direct Action Statute, La. R.S. 22:655, that exceeded Allstate’s policy limits of $10,000.

La. R.S. 82:866 provides:

(A)(1) There shall be no recovery for the first ten thousand dollars of bodily injury and no recovery for the first ten thousand dollars of property damage based on any cause or right of action arising out of a motor vehicle accident, for such injury or damages occasioned by an owner or operator of a motor vehicle involved in such accident who fails to own or maintain compulsory motor vehicle liability security, (emphasis added.)

La. R.S. 32:1(45) defines “owner” as

A person who holds a legal title to a vehicle or in the event a vehicle is the subject of an agreement for the conditional sale, lease or transfer of possession thereof with the right of purchase upon the performance of the conditions stated in the agreement, with the right of immediate possession in the vendee, lessee, possessor, or in event such similar transaction is had by means of mortgage and the mortgagor of a vehicle is entitled to possession, then the conditional vendee, lessee, possessor or mortgagor shall be the owner for purposes of this Chapter.

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. C.C. art. 9. When the language of a law is susceptible of different meanings, however, it must be interpreted as having the meaning that best conforms to the purpose of the law, and the meaning of ambiguous words must be sought by examination of the context in which they occur and the text of the law as a whole. Louisiana Smoked Products, Inc. v. Savoie’s Sausage and Food Products, Inc., 96-1716 (La.7/1/97), |a696 So.2d 1373. Where a statute is ambiguous and susceptible of two constructions, the courts will give that construction which best comports with the principles of reason, justice, and convenience, for it is to be presumed that the legislature intended such exceptions to its language as would avoid its leading to injustice, oppression, or absurd consequences. Freechou v. Thomas W. Hooley, Inc., 383 So.2d 337 (La.1980).

A paramount consideration in interpreting a statute is ascertaining the legislature’s intent and the reasons that prompted the legislature to enact the law. Theriot v. Midland Risk Ins. Co., 95-2895 (La.5/20/97), 694 So.2d 184. One particularly helpful guide in ascertaining the intent of the legislature is the history of the statute in question and related legislation. Id. Where there is any doubt about the intent or meaning of a law in derogation of long accepted rules, the statute is given the effect that makes the most change in the existing body of the law. Touchard v. Williams, 617 So.2d 885 (La.1993). Finally, our interpretation of the meaning of a statute should be guided by the jurisprudential rule that we not impute a meaning which would lead to an absurd result. Id.

The Louisiana Supreme Court, in Progressive Sec. Ins. Co. v. Foster, 97-2985, pp. 2-14 (La.4/23/98), 711 So.2d 675, 679-684, reviewed the history and the purposes of the Omnibus Premium Reduction Act of 1997:

In 1996, Governor Murphy J. Foster appointed the Louisiana Task Force for Reduction of Automobile Insurance Rates (Task Force) which was staffed by the LIRC. Pursuant to its mandate, the [631]*631Task Force appointed the Actuarial Subcommittee to analyze the cost of various automobile insurance reform proposals generated from the Task Force. The Actuarial Subcommittee was comprised of the Chairman of the Department of Insurance, together with representatives from C N A Insurance Companies, Allstate Insurance Companies, State Farm Insurance Companies, Louisiana Farm Bureau Insurance Companies, and LA-FAC.
Operating with a deadline of March 5, 1997, the Task Force instructed the Actuarial Subcommittee to review the various proposals submitted, Lselect and prioritize the five proposals which provided the greatest estimated actuarial savings, and issue a report on its findings. Although the Task Force referred approximately 43 proposals to the subcommittee for actuarial assessment, the Actuarial Subcommittee analyzed ten proposals. ‘No pay, no play’ was one of the proposals analyzed and was legislatively implemented in Act 1476, the Omnibus Premium Reduction Act of 1997.
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In Section 1 of the Omnibus Premium Reduction Act of 1997 the legislature enunciated two broad purposes for the legislation: (1) ‘to reduce otherwise recoverable damages for failure to maintain liability insurance coverage’ and (2) to ‘encourage all persons who own or operate motor vehicles on the public streets and highways of this state to comply with the Motor Vehicle Safety Responsibility Law.’

Section 1 of Acts 1997, No. 1476 states:

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Related

Oliver v. Allstate Ins. Co.
991 So. 2d 566 (Louisiana Court of Appeal, 2008)
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Bluebook (online)
826 So. 2d 628, 2002 La.App. 4 Cir. 0667, 2002 La. App. LEXIS 2666, 2002 WL 1973938, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lewis-v-miller-lactapp-2002.