Mullen v. State Farm Mut. Auto Ins. Co.

275 So. 3d 451
CourtLouisiana Court of Appeal
DecidedJune 19, 2019
Docket19-351
StatusPublished

This text of 275 So. 3d 451 (Mullen v. State Farm Mut. Auto Ins. 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
Mullen v. State Farm Mut. Auto Ins. Co., 275 So. 3d 451 (La. Ct. App. 2019).

Opinion

GREMILLION, Judge.

*453Defendants/Appellants, Scottsdale Insurance Company (Scottsdale), Starr Indemnity & Liability Company (Starr), and Axis Surplus Insurance Company (Axis), filed three separate appeals seeking review of a January 9, 2019 judgment which denied the various motions for summary judgment filed on behalf of these three insurance companies and granted the motion for summary judgment filed on behalf of Plaintiff, Brian Mullen (Mullen).

FACTS AND PROCEDURAL HISTORY

This suit arises out of an automobile accident that occurred on January 26, 2016, in Calcasieu Parish, Louisiana. At the time of the accident, Mullen was employed by Stafford Transport of Louisiana, Inc. (Stafford Transport), and was driving an eighteen-wheeler owned by Stafford Transport. Defendant, Vincent C. Roco (Roco), allegedly lost control of his Toyota Corolla due to heavy rain, entered Mullen's lane of travel, and stuck the eighteen-wheeler, causing it to overturn. Mullen filed suit against Roco and his insurer, State Farm Mutual Auto Insurance Company (State Farm), as well as Starr, Axis, and Scottsdale, which are the alleged uninsured/underinsured motorist (UM) carriers for Mullen's employer.

Starr, Axis, and Scottsdale each filed motions for summary judgment arguing that Georgia law applied. Axis and Scottsdale also alleged that their policies provided no coverage to Mullen for this accident because UM coverage had been validly waived pursuant to Georgia law. Starr filed *454an additional motion for summary judgment seeking a ruling that it is entitled to a credit for all amounts paid, and to be paid, to or on behalf of Mullen by the workers' compensation insurer, Great American Assurance Insurance Company (GAAIC). Mullen then filed a motion for summary judgment seeking a ruling that Louisiana law applies because he is a Louisiana resident and because the accident happened in Louisiana. Mullen also sought a ruling that the policies provided UM coverage for this accident because any waivers of UM coverage were invalid under Louisiana law.

Following a hearing, the trial court denied the insurers' motions and granted Mullen's motions. A judgment to that effect was signed on January 9, 2019, and provided, in pertinent part, as follows:

IT IS HEREBY ORDERED, ADJUDGED and DECREED[ ] that there be judgment rendered in favor of ... Mullen, and against defendants, Starr [ ], Axis [ ], and Scottsdale [ ], finding that Louisiana law applies to the ... [i]nsurance policies.
IT IS FURTHER ORDERED, ADJUDGED and DECREED that there be judgment rendered in favor of ... Mullen, and against defendant, Starr [ ], granting the motion for partial summary judgment filed by ... Mullen, finding that [ ] Mullen is an insured under the Starr [ ] insurance policy ... and that the policy of insurance provides $ 1,000,000 of uninsured/under insured insurance coverage over and above any liability insurance coverage that insures [ ] Roco.
IT IS FURTHER ORDERED, ADJUDGED and DECREED that there be judgment rendered in favor of plaintiff ..., and against defendant Axis [ ], granting the motion for partial summary judgment filed by ... Mullen, finding that [ ] Mullen is an insured under the Axis [ ] insurance policy ... and that the policy of insurance provides $ 4,000,000 of uninsured/under insured insurance coverage, excess to the primary underlying limit of $ 1,000,000 of the Starr [ ] insurance policy and over and above any liability insurance that insures [ ] Roco.
IT IS FURTHER ORDERED, ADJUDGED and DECREED that there be judgment rendered in favor of [ ] Mullen, and against defendant, Scottsdale [ ], granting the motion for partial summary judgment filed by ... Mullen, finding that [ ] Mullen is an insured under the Scottsdale [ ] insurance policy ... and that the policy of insurance provides $ 5,000,000 of uninsured/under insured insurance coverage, excess to the underlying limit of $ 4,000,000 of the Axis [ ] insurance policy and excess to the primary underlying limit of $ 1,000,000 of the Starr [ ] insurance policy and over and above any liability insurance that insures [ ] Roco.
IT IS FURTHER ORDERED, ADJUDGED and DECREED that the motions for partial summary judgment filed on September 24, 2018[,] and September 25, 2018[,] by defendant, Starr [ ], are denied.
IT IS FURTHER ORDERED, ADJUDGED and DECREED that the motion for summary judgment filed on April 30, 2018[,] by defendant, Axis [ ][,] and the motion for summary judgment filed on September 26, 2018[,] by Scottsdale [ ] are denied.
IT IS FURTHER ORDERED ADJUDGED and DECREED that this judgment is not deemed a final appealable judgment.

Starr, Axis, and Scottsdale each filed applications for supervisory writs seeking review of this judgment. In their writ applications, these insurers argued that the *455trial court erred in denying their motions for summary judgment and in granting the motion for partial summary judgment filed on behalf of Mullen. Those writ applications were consolidated, and on May 15, 2019, this court denied them, finding no error in the trial court's ruling. Mullen v. State Farm Mut. Auto. Ins. Co. , 19-35, 19-50, and 19-52 (La.App. 3 Cir. 5/15/19) (unpublished writ decision).

In addition to the writ applications, Starr, Axis, and Scottsdale each filed motions for devolutive appeal from the January 9, 2019 judgment, seeking review of the granting of Mullen's motion for partial summary judgment. Orders of appeal were signed by the trial court.1 Just before the decision on the writ applications was rendered, the record in the appeal was lodged. Because the judgment is partial summary judgment that was specifically declared as not being a final judgment by the trial court, this court ordered Starr, Axis, and Scottsdale to show cause, by brief only, why the appeal should not be dismissed. See La.Code Civ.P. art. 1915(B).

"The denial of a motion for summary judgment is an interlocutory ruling from which no appeal may be taken, the only practical remedy available to avoid a possibly useless trial on the merits is to request that the appellate court exercise its supervisory jurisdiction to review the propriety of this ruling." Breaux v. Cozy Cottages, LLC , 14-486, p. 4 (La.App. 3 Cir. 11/12/14), 151 So.3d 183, 187. However, the instant judgment also grants summary judgment in favor of Mullen, finding that Louisiana law applies to the Starr, Scottsdale, and AXIS policies, that Mullen is an insured under the three policies, and that these three policies provide UM coverage to Mullen over and above any liability insurance that insures Roco. It was specifically designated by the trial court as not being a final judgment.

Scottsdale and Axis argue2

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275 So. 3d 451, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mullen-v-state-farm-mut-auto-ins-co-lactapp-2019.