Loubat v. Audubon Life Insurance Company

170 So. 2d 745
CourtLouisiana Court of Appeal
DecidedMarch 12, 1965
Docket6265
StatusPublished
Cited by13 cases

This text of 170 So. 2d 745 (Loubat v. Audubon Life Insurance Company) 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
Loubat v. Audubon Life Insurance Company, 170 So. 2d 745 (La. Ct. App. 1965).

Opinion

170 So.2d 745 (1964)

Eva Lamy LOUBAT et al.
v.
AUDUBON LIFE INSURANCE COMPANY.

No. 6265.

Court of Appeal of Louisiana, First Circuit.

December 21, 1964.
Rehearing Denied February 3, 1965.
Writ Granted March 12, 1965.

*746 Watson, Blanche, Wilson, Posner & Thibaut, by David W. Robinson, Baton Rouge, for appellants.

Sanders, Miller, Downing, Rubin & Kean, by R. Gordon Kean, Jr., Baton Rouge, for appellee.

Before ELLIS, LOTTINGER, HERGET, LANDRY, and REID, JJ.[*]

LANDRY, Judge.

This is an action by the widow and daughter of the late Sterling F. Loubat to recover upon a group credit life insurance policy allegedly issued by defendant, Audubon Life Insurance Company, (sometimes hereinafter referred to simply as "Audubon"), upon the life of the aforenamed decedent. Defendant reconvened praying for reformation of the "certificate" or "statement of insurance" issued Mr. Loubat to show that plaintiff, Mrs. Sterling F. Loubat (born Eva Lamy) was the named insured therein rather than the deceased. From a judgment of the trial court dismissing plaintiffs' suit and also rejecting defendant's reconventional demand, plaintiffs and defendant have appealed. Since all litigants have appealed, it will be noted that hereinafter whenever the terms "appellants" and "appellee" are used they shall be deemed to refer to plaintiffs and defendant, respectively.

The events giving rise to the instant litigation are undisputed and were adduced by way of an agreed stipulation of facts which discloses that Audubon issued a group life policy to Commercial Securities Company, (sometimes hereinafter referred to as "Commercial"), designating Commercial as "creditor" and purporting to insure certain "debtors" of Commercial. The master policy appearing in evidence defines eligible "debtors" as those who signed both "personal and commercial notes" held by Commercial and provides for their coverage under its provisions simultaneous with their becoming a debtor of the eligible class. While no certificate or statement of insurance was required to effect the coverage contemplated in the master policy, nevertheless, it was the custom of Commercial to issue each of its eligible debtors a "statement of life insurance protection" reciting in substance the debtor had become insured under a group Life Insurance Policy issued by Audubon pursuant to which certain amounts would be paid Commercial upon the debtor's death as provided for in the "statement of Life Insurance Protection" and the master policy itself.

On October 19, 1962, Mrs. Loubat purchased from Colonial Buick a new, 1962 Buick automobile. In representation of the unpaid portion of the agreed purchase price she executed a promissory note payable to the order of herself (Mrs. Sterling F. Loubat) and by her duly endorsed in blank and as security therefor granted a chattel mortgage *747 on the vehicle in question. With no endorsement other than that of appellant, Mrs. Loubat, and Colonial Buick, the aforesaid note and chattel mortgage were negotiated by Colonial to Commercial which latter concern transferred the information contained on an accompanying document known as a "customer statement" to one of its own customer statement forms and in so doing dropped the "Mrs." and listed the name of the customer or debtor as "Sterling F. Loubat". The aforesaid error resulted in the issuance by Commercial of a certificate of insurance denominated "Statement of Life Insurance Protection" listing the insured as "Sterling F. Loubat". The note and chattel mortgage expressly authorized vendor Colonial Buick to secure "Creditor Insurance on Mortgagor's Life", includes a charge for such insurance and authorizes its payment to vendor or assignee in an amount equal to the balance remaining unpaid at mortgagor's death. Mr. Loubat did not sign or endorse the note, chattel mortgage or any accompanying documents. On November 4, 1962, Mr. Loubat died. Defendant declined to pay Commercial the balance due on the note executed by Mrs. Loubat and this suit followed.

In substance plaintiff, both in the trial court and on appeal, makes the following contentions: (1) Decedent was a "debtor" within the meaning of the term as contained in the master policy because as head and master of the community he was secondarily, if not primarily liable, for the debt contracted by his wife, and; (2) if decedent was not in fact a debtor the "statement of life insurance protection" issued by defendant through the error of its agent, Commercial, constituted a contract of insurance which Audubon is estopped to deny and pursuant to which any defense available under the group policy is deemed waived.

Appellee, however, maintains coverage of Mrs. Loubat under the master policy was simultaneous with her execution of the note and chattel mortgage inasmuch as issuance of a certificate of insurance is not required by the Insurance Code in cases involving group policies. On this premise appellee maintains the "statement of life insurance protection" erroneously issued in decedent's name was not necessary to effect coverage consequently it was of no legal effect and could not operate to afford coverage contrary to an express policy provision. In this connection it is further contended that since decedent was not a debtor from whom Commercial held a "personal and commercial note", by the very terms of the group policy he was excluded from its coverage.

Our learned brother below concluded decedent, Sterling F. Loubat, was not a debtor as defined in the group policy inasmuch as he admittedly had not signed a personal and commercial note consequently the policy in question afforded no coverage on his life. With regard to appellants' contention the "statement of life insurance protection" issued decedent was a contract of insurance binding upon appellee, our esteemed colleague concluded (1) the statement furnished decedent was a mere "business courtesy" not required by the policy and was not a certificate of insurance and therefore without legal effect; (2) Commercial was not the agent of Audubon; and (3) assuming, arguendo, Commercial to be the agent of appellee, waiver and estoppel were unavailable to bring within the policy coverage a risk not contemplated by the terms of the master contract. Defendant's reconventional demand was rejected on the premise that since the "statement of life insurance protection" issued decedent was of no legal effect, reformation of the contract was unnecessary inasmuch as the intended insured, Mrs. Loubat, was covered by the master policy notwithstanding issuance of the certificate to her now deceased spouse.

We shall consider first appellants' contentions the trial court erred in holding Commercial was not acting as agent of Audubon and in further holding the certificate of insurance issued decedent, Sterling F. Loubat, was of no legal efficacy.

The stipulation of record discloses Audubon issued the master policy in question *748 to Commercial and agreed to insure Commercial's debtors eligible thereunder. In addition, Audubon furnished Commercial blank forms to be completed by Commercial's employees and forwarded to persons insured under the group policy advising them of their coverage under and subject to the master policy between Audubon and Commercial, all with Audubon's knowledge and consent. Under such circumstances we conclude upon authority of Neider v. Continental Assur. Co., 213 La. 621, 35 So.2d 237, 2 A.L.R.2d 846, and Finch v. Baton Rouge Production Credit Association, La. App., 154 So.2d 60, Commercial was the agent of Audubon.

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Bluebook (online)
170 So. 2d 745, Counsel Stack Legal Research, https://law.counselstack.com/opinion/loubat-v-audubon-life-insurance-company-lactapp-1965.