Mouton v. Guillory

494 So. 2d 1374
CourtLouisiana Court of Appeal
DecidedOctober 1, 1986
Docket85-951
StatusPublished
Cited by15 cases

This text of 494 So. 2d 1374 (Mouton v. Guillory) 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
Mouton v. Guillory, 494 So. 2d 1374 (La. Ct. App. 1986).

Opinion

494 So.2d 1374 (1986)

Howard J. MOUTON, Plaintiff-Appellant,
v.
Barbara K. GUILLORY, et al, Defendants-Appellees.

No. 85-951.

Court of Appeal of Louisiana, Third Circuit.

October 1, 1986.

J. Michael Placer, Lafayette, for plaintiff-appellant.

Guillory, McGee & Mayeux, Donald L. Mayeux, Eunice, Onebane & Assoc., Michael G. Durand and Stephen B. Rabalias, Lafayette, Gibbens & Blackwell, J. Louis Gibbens, New Iberia, Edwards, Stefanski & Barousse, James M. Cunningham, Crowley, Preis, Kraft, Laborde & Daigle, Chris R. Phillips, Voorhies & Labbe, Kathleen Drew, Lafayette, for defendants-appellees.

Before STOKER, KNOLL and KING, JJ.

KING, Judge.

The sole issue presented by this appeal is whether or not the trial court was correct in finding no insurance coverage by one of the defendants and in granting a Motion For Summary Judgment dismissing claims against that defendant.

Howard J. Mouton (hereinafter referred to as plaintiff) filed suit against defendants, Barbara K. Guillory, Clifton Kibodeaux, Sr., National Union Fire Insurance Company, Louisiana Farm Bureau Casualty Insurance Company (hereinafter referred *1375 to as Farm Bureau), and Employers Casualty Company (hereinafter referred to as Employers Casualty), seeking to recover damages that he allegedly sustained as a result of an automobile accident in Acadia Parish, Louisiana involving himself and an automobile being driven by Barbara K. Guillory and owned by Clifton Kibodeaux, Sr.

One of the defendants, Employers Casualty, filed a Motion for Summary Judgment on the basis that the policy it issued afforded no coverage for the accident. The trial court rendered judgment granting the Motion for Summary Judgment filed by Employers Casualty and ordered all claims against it in this suit dismissed with prejudice. A written judgment was signed and plaintiff devolutively appealed. We affirm.

FACTS

Plaintiff alleged in his petition that at the time of the accident, on April 16, 1982, he was operating a vehicle belonging to his employer, The Permian Corporation, in the course and scope of his employment. Employers Casualty was named as a defendant based on an automobile liability insurance policy, which it had issued to plaintiff's employer, that allegedly provided uninsured-underinsured motorist coverage.

Another defendant, Farm Bureau, the uninsured-underinsured insurer of the automobile being driven by the plaintiff, filed a third party demand against Employers Casualty, seeking recovery of any amounts for which it might be held liable to plaintiff on the main demand. Additionally, Employers National Insurance Company, The Permian Corporation's worker's compensation insurer, filed a Petition of Intervention, claiming that it was subrogated to the rights of plaintiff against all defendants to the extent of the benefits that it had paid to plaintiff pursuant to the worker's compensation insurance policy.

Employers Casualty filed a Motion for Summary Judgment on all of the claims asserted against it in this suit, alleging that the policy which it had issued to plaintiff's employer did not provide uninsured-under-insured motorist coverage because such coverage had been previously rejected in writing, the rejection being in full force and effect on the date of plaintiff's accident. A hearing was held on Employers Casualty's Motion For Summary Judgment, at which time it introduced into evidence: (1) a policy which it issued to The Permian Corporation, for the policy period from July 1, 1980 through July 1, 1981; (2) a renewal policy which it issued to The Permian Corporation, for the policy period from July 1, 1981 through July 1, 1982; and (3) an affidavit executed by Earl B. Newland, the Director of Administration of The Permian Corporation. Plaintiff did not oppose defendant's Motion for Summary Judgment nor did he appear at the hearing or introduce any evidence on his behalf.

The trial court granted defendant's Motion for Summary Judgment and dismissed with prejudice all claims filed against Employers Casualty by plaintiff on the main demand, by Farm Bureau on its third party demand, and by all other parties.

Only the plaintiff has appealed contending that the trial court erred in granting the Motion for Summary Judgment filed by Employers Casualty. The judgment is now final as to the claims of the third party plaintiff, Farm Bureau, and the claims of the intervenor, Employers National Insurance Company, against Employers Casualty as these parties did not appeal. Employers Casualty contends that it is not liable to plaintiff because (1) the uninsured-underinsured motorist coverage on its policy of insurance issued to The Permian Corporation was clearly and properly rejected in writing by Mr. Earl B. Newland on behalf of The Permian Corporation, and (2) LSA-R.S. 22:1406 D(1), which requires that an automobile liability insurance policy include uninsured-underinsured motorist coverage unless such coverage is rejected in writing, does not apply to the policy issued to The Permian Corporation because the policy was not "delivered or issued for delivery" in Louisiana.

*1376 REJECTION OF UNINSURED-UNDERINSURED MOTORIST COVERAGE

LSA-R.S. 22:1406 D(1)(a) provides the following:

"No automobile liability insurance covering liability arising out of the ownership, maintenance, or use of any motor vehicle shall be delivered or issued for delivery in this state with respect to any motor vehicle registered or principally garaged in this state unless coverage is provided therein or supplemental thereto, in not less than the limits of bodily injury liability provided by the policy, under provisions filed with and approved by the commissioner of insurance, for the protection of persons insured thereunder who are legally entitled to recover damages from owners or operators of uninsured or underinsured motor vehicles because of bodily injury, sickness, or disease, including death, resulting therefrom; provided, however, that the coverage required under this Subsection shall not be applicable where any insured named in the policy shall reject in writing the coverage or selects lower limits. Such coverage need not be provided in or supplemental to a renewal or substitute policy where the named insured has rejected the coverage or selected lower limits in connection with a policy previously issued to him by the same insurer. Any document signed by the named insured or his legal representative which initially rejects such coverage or selects lower limits shall be conclusively presumed to become a part of the policy or contract when issued and delivered, irrespective of whether physically attached thereto." (Emphasis added.)

At the hearing on its Motion for Summary Judgment, Employers Casualty submitted into evidence a copy of the automobile liability insurance policy which it originally issued to The Permian Corporation, and which was for the policy period from July 1, 1980 through July 1, 1981. Attached to and made a part of this policy was a rejection form showing a written rejection by The Permian Corporation of uninsured-underinsured motorist coverage in its entirety. This written rejection of coverage form was signed by Earl B. Newland. Employers Casualty also submitted to the trial court a renewal policy which it issued to The Permian Corporation for the policy period from July 1, 1981 through July 1, 1982. This renewal policy did not have attached a written rejection form that rejected the uninsured-underinsured motorist coverage. Plaintiff's accident occurred during the period of time when this renewal policy was in effect.

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Bluebook (online)
494 So. 2d 1374, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mouton-v-guillory-lactapp-1986.