Magee v. Ranger Insurance Co.

276 So. 2d 879, 1973 La. App. LEXIS 6501
CourtLouisiana Court of Appeal
DecidedApril 9, 1973
DocketNo. 9284
StatusPublished
Cited by3 cases

This text of 276 So. 2d 879 (Magee v. Ranger Insurance Co.) 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
Magee v. Ranger Insurance Co., 276 So. 2d 879, 1973 La. App. LEXIS 6501 (La. Ct. App. 1973).

Opinion

SARTAIN, Judge.

This is a suit for collision damages to a 1969 Bellanca Viking model 300 private airplane owned by plaintiffs and insured under a policy issued by defendant to the owners. Defendant appeals from a judgment awarding plaintiffs damages in the amount of $14,845.51 less the deductible amount of $250.00 provided in the policy.

The claim for collision damages arose out of an accident which occurred at Thompson Field in Jackson, Mississippi, when the plane crashed short of the landing strip while attempting a landing.

The plane was insured by Ranger Insurance Company under a policy providing “in motion” collision coverage. The loss was duly reported to defendant who retained Mr. Charles England of the Bossier Adjustment Company in Bossier City, Louisiana, to process this claim. Mr. England in turn retained Mr. Ray Harvey, who is engaged in the aircraft repair business in Shreveport, Louisiana, to transport the craft to Shreveport for the purpose of inspecting and submitting an estimate for the repair of the plane. Mr. Harvey brought the craft to Shreveport by truck and in conjunction with Mr. England inspected the plane and prepared a written estimate of the damages. The estimate of the cost of repairs submitted by Mr. Harvey totaled $5,141.27, including $300.00 transportation costs for bringing the plane to Shreveport from Jackson, Mississippi.

Upon learning of Mr. Harvey’s estimate plaintiffs decided to secure another estimate and authorized Mr. Norman Magee, one of the owners and also plaintiffs’ attorney in this matter, to retain Mr. Harvey to transport the damaged craft to the Bellanca repair shop in Plainview, Texas, the authorized repair shop for Bellanca Aircraft, manufacturers of the plane. Bellanca personnel examined and inspected the airplane and submitted an estimate for the repair of damages in the amount of $14,845.51. Bellanca later repaired the craft for the amount stated in the estimate.

Neither the plaintiffs nor defendant ever obtained any other estimates. Ranger Insurance Company submitted its proof of loss for signature with an offer to pay based on the Harvey estimate. Mr. Magee, on [881]*881behalf of all the plaintiffs, submitted a proof of loss in the amount of $8,952.51 which -was refused but which was also later found to have been in error.

After attempts to finalize the matter failed, the owners filed suit on September 2, 1971, for damages in the amount of the estimate of repairs submitted by Bellanca and for penalties and attorney’s fees. Plaintiffs also sought recovery for certain other items of damages which were claimed to have resulted from the defendant’s refusal to pay the claim. Defendant answered, tendering $4,891.27 into the registry of the Court based on the Harvey estimate of $5,141.27 less the $250.00 deductible amount. Trial was held on April 27, 1972, and judgment was rendered awarding plaintiffs damages based on the Bellanca estimate and rejecting plaintiffs’ other claims for damages, penalties and attorneys’ fees. Defendant was granted a sus-pensive appeal from this judgment. On October 16, 1972, an order was signed allowing plaintiffs to withdraw the funds on deposit in the registry of the court, which funds were received and accepted by plaintiffs on November 1, 1972.

From that portion of the judgment which denied the claims for penalties, attorney’s fees, and other items of damage allegedly sustained due to defendant’s refusal to pay the claim, plaintiffs have not appealed nor have they answered the appeal of defendant. Therefore, the only issue before us is the correctness of the award made on the main demand based upon the Bellanca estimate.

Defendant asserts that the trial court erred [1] in allowing damages based only upon an “estimate”, [2] in failing to require proof of loss under the conditions of the insurance policy, and [3] in failing to accept the estimate submitted by Mr. Ray Harvey as the proper measure of damages.

Defendant contends that since the airplane had actually been repaired plaintiffs should have proved the actual cost of the repairs at trial by producing bills, work orders, invoices and time cards as the “best evidence” available by which to prove their claim.

Plaintiffs called Mr. L. D. Mitchell, service manager of Bellanca Sales Company, to prove their damages. Mr. Mitchell testified that he prepared the written estimate of repairs for Bellanca and actually supervised the repair work carried out on the craft at the Bellanca repair shop. When asked whether he had in his possession actual bills rendered, work orders, invoices, and time cards relating to the repair of this aircraft, Mr. Mitchell testified that he had not brought them with him to the trial but they were in his files in the Bel-lanca offices in Texas. It is upon this testimony that defendant bases its contention that the “best evidence” of the actual cost of the repairs was available to the plaintiffs but was not produced at trial. Defendant thus argues that plaintiffs have failed to prove damages over and above the amount which was deposited by defendant below.

It has been held that repair estimates alone can properly serve to prove recoverable damages. Jackson v. Firemen’s Insurance Company, 86 So.2d 220 (1st La.App.1956); Hughes v. Louisiana Power and Light Company, 94 So.2d 532 (1st La.App.1956). However, it has also been stated that if the damaged property has been restored to its former condition by repair, the proper basis for assessing damages is the repair bill itself. Lambert v. Allstate Insurance Company, 195 So.2d 698 (1st La.App.1967); Gambrell v. Audubon Insurance Company, 115 So.2d 727 (Orl.La.App.1959); Foshee v. McGee, 87 So.2d 754 (2nd La.App.1956). In Lambert v. Allstate Insurance Company, supra, it was also stated 195 So.2d at page 700 that:

“Where invoices, statements or records of accounts expended in the repair of damages are in the possession of plaintiff or are available or attainable, such records constitute the best evidence and should be offered in proof of plaintiff’s [882]*882claim. In the event such evidence is not available or attainable, proof of loss should be made by offering the testimony of the person furnishing the material, labor or supplies when such testimony may be produced.”

While pur review of the record and the evidence reveals that the actual repair bill was not produced at trial, the testimony of Mr. Mitchell clearly establishes that the Bellanca estimate is identical in contents and amount to that which would be shown on the repair bill had it been produced. His testimony in that regard is as follows:

“Q. Was the aircraft subsequently repaired by your company?
A. Yes, sir. Yes, sir, the airplane was repaired by our company.
Q. Did the actual repair cost reflect approximately the same as you furnished on your estimate of repairs ?
A. Yes, sir, it did. . . .”
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“Q. I don’t believe we’ve ever heard yet just what the actual cost of repairs were on this according to your figures. Do you have that?
A. Well, I haven’t got it totaled up here but I think — I should have brought my glasses with me today. If I might, let me ask the lady to read this total on the back of the bill for me because I forgot to bring my glasses with me.
(The reporter read the amount, $14,845.51)

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Cite This Page — Counsel Stack

Bluebook (online)
276 So. 2d 879, 1973 La. App. LEXIS 6501, Counsel Stack Legal Research, https://law.counselstack.com/opinion/magee-v-ranger-insurance-co-lactapp-1973.