Mangerchine v. Reaves

63 So. 3d 1049, 2011 La. App. LEXIS 354, 2011 WL 1206475
CourtLouisiana Court of Appeal
DecidedMarch 25, 2011
DocketNo. 2010 CA 1052
StatusPublished
Cited by16 cases

This text of 63 So. 3d 1049 (Mangerchine v. Reaves) 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
Mangerchine v. Reaves, 63 So. 3d 1049, 2011 La. App. LEXIS 354, 2011 WL 1206475 (La. Ct. App. 2011).

Opinion

GAIDRY, J.

|2The plaintiff homeowners, husband and wife, appeal a summary judgment dismissing their claims against their homeowners insurer for property damage and personal injury alleged to have resulted from hidden redhibitory defects at the time they purchased their home. For the following reasons, we reverse the judgment.

FACTS AND PROCEDURAL HISTORY

The plaintiffs, Lawrence P. Mangerchine and Kim C. Mangerchine, purchased immovable property, including a house, from Robert F. Reaves and Dawn Oglesby Reaves on July 26, 1996. The defendant, Travelers Indemnity of Connecticut (Travelers), subsequently issued a policy of homeowners insurance to the plaintiffs on July 26, 1997, providing property damage coverage from that date through July 26, 1998.

On March 30, 1999, the plaintiffs instituted this action for damages against the sellers, the involved real estate agencies, and Travelers, alleging that the house had redhibitory defects, that the sellers and the real estate agencies knew or should have known of such defects and failed to disclose them to the plaintiffs, and that they sustained property damages and per[1052]*1052sonal injury caused by the defective conditions.1 In their verified petition, the plaintiffs characterized the defects as susceptibility to flooding and a black mold infestation causing structural damage to the joists beneath the house. The plaintiffs also sought rescission of the sale.

Travelers filed its answer on July 6, 1999, denying any liability under its policy. It further specifically alleged that coverage was excluded for the plaintiffs’ claims of redhibition, personal injury and other damages, that [¡¡there was no “occurrence” under the policy, and that the plaintiffs were not insured for them alleged losses.

On April 18, 2000, Travelers filed a motion for summary judgment, seeking its dismissal on the grounds that its policy did not provide coverage for any of the plaintiffs’ claims. The motion was fixed for hearing on June 26, 2000.

On June 26, 2000, the plaintiffs filed an amended petition, verified by Ms. Manger-chine’s affidavit, adding the allegation that the house’s defective condition and hidden decay caused the collapse of the floor joists and the floor itself. On the same day, the trial court heard the motion for summary judgment, and following the hearing took the matter under advisement for determination.

On July 11, 2000, the trial court issued its written reasons for judgment, ruling that the motion for summary judgment would be denied. Its judgment denying the motion was signed on July 27, 2000.

On July 10, 2009, Travelers filed a second motion for summary judgment, seeking the dismissal of the plaintiffs’ claims against it on the grounds that the plaintiffs lacked standing to continue to assert their claims, as they filed for bankruptcy in 2002 and no longer owned the immovable property at issue, and that the damages preexisted the issuance of its policy.2

Travelers’s second motion for summary judgment was heard on September 16, 2009, and the trial court granted the motion. Its judgment granting the motion (but not dismissing Travelers as a defendant) was signed on September 25, 2009. The plaintiffs filed a motion for new trial, and, after a hearing, that motion was denied by judgment signed on January 6, 2010.

|4The plaintiffs then instituted this devol-utive appeal. On September 27, 2010, this court issued an interim order remanding this matter to the trial court for the purpose of signing a valid judgment on the motion for summary judgment, as the trial court’s original judgment of September 25, 2009 lacked the appropriate decretal language dismissing the plaintiffs’ claims against Travelers. On October 6, 2010, the trial court signed a revised judgment dismissing the plaintiffs’ claims against Travelers.3

ASSIGNMENTS OF ERROR

We summarize the plaintiffs’ assignments of error on the part of the trial court as follows:

(1) The trial court committed legal error in applying the “occurrence” (injury-in-fact) trigger theory of coverage rather [1053]*1053than the “manifestation” trigger theory of coverage.

(2) The trial court erred in holding that a claim in redhibition against the seller of defective property and a claim under a homeowners’ policy for property damage manifested during the policy period are mutually exclusive.

(3) The trial court erred in failing to find that the petition set forth factual allegations that the plaintiffs did not discover the property damage until April 1998, when they first notified Travelers.

(4) The trial court erred by not permitting the plaintiffs to amend their petition to cure any ambiguity in its allegations.

DISCUSSION

Standard of Review: Summary Judgment

Summary judgment is subject to de novo review on appeal, using the same standards applicable to the trial court’s determination of the issues. Berard v. L-3 Communications Vertex Aerospace, LLC, 09-1202, p. 5 (La.App. 1st Cir.2/12/10), 35 So.3d 334, 339-40, unit denied, 10-0715 (La.6/4/10), 38 So.3d 302. We are authorized and, indeed, required to render a judgment that is “just, legal, and proper upon the record on appeal.” La. C.C.P. art. 2164; Jackson Nat'l Life Ins. Co. v. Kennedy-Fagan, 03-0054, p. 5 (La.App. 1st Cir.2/6/04), 873 So.2d 44, 48, unit denied, 04-0600 (La.4/23/04), 870 So.2d 307.

The summary judgment procedure is expressly favored in the law, and is designed to secure the just, speedy, and inexpensive determination of non-domestic civil actions. La. C.C.P. art. 966(A)(2). Summary judgment is appropriate if the pleadings, depositions, answers to interrogatories, admissions, and affidavits in the record show that there is no genuine issue as to material fact, and that the mover is entitled to judgment as a matter of law. La. C.C.P. art. 966(B).

Interpretation of an insurance policy is usually a legal question that can be properly resolved by summary judgment. Doe v. Breedlove, 04-0006, p. 7 (La.App. 1st Cir.2/11/05), 906 So.2d 565, 570. However, summary judgment declaring a lack of coverage under an insurance policy may not be rendered unless there is no reasonable interpretation of the policy, when applied to the undisputed material facts shown by the evidence supporting the motion, under which coverage could be afforded. Gaylord Chem. Corp. v. Pro-Pump, Inc., 98-2367, pp. 3-4 (La.App. 1st Cir.2/18/00), 753 So.2d 349, 352.

General Principles of Insurance Policy Interpretation

Whether a contract is ambiguous or not is a question of law. Bonvillain Builders, LLC v. Gentile, 08-1994, p. 5 (La.App. 1st Cir.10/30/09), 29 So.3d 625, 629, unit denied, 10-0059 (La.3/26/10), 29 So.3d 1264. The starting point in the analysis of an insurance policy is the principle that an insurance policy is a contract between the parties and should be construed using the general rules of interpretation of contracts set forth in the Civil Code. LeBlanc v. Aysenne, 05-0297, p. 3 (La.1/19/06), 921 So.2d 85, 89.

The words of a contract must be given their generally prevailing meaning. La. C.C. art. 2047.

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