Newpark Resources, Inc. v. Marsh & McLennan of Louisiana, Inc.

691 So. 2d 208, 96 La.App. 1 Cir. 0935, 1997 La. App. LEXIS 386, 1997 WL 83136
CourtLouisiana Court of Appeal
DecidedFebruary 14, 1997
Docket96 CA 0935
StatusPublished
Cited by16 cases

This text of 691 So. 2d 208 (Newpark Resources, Inc. v. Marsh & McLennan of Louisiana, Inc.) 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
Newpark Resources, Inc. v. Marsh & McLennan of Louisiana, Inc., 691 So. 2d 208, 96 La.App. 1 Cir. 0935, 1997 La. App. LEXIS 386, 1997 WL 83136 (La. Ct. App. 1997).

Opinion

691 So.2d 208 (1997)

NEWPARK RESOURCES, INC. and Newpark Wellhead Services, Inc.
v.
MARSH & McLENNAN OF LOUISIANA, INC.

No. 96 CA 0935.

Court of Appeal of Louisiana, First Circuit.

February 14, 1997.
Writ Denied April 25, 1997.

*209 Margaret M. Sledge, New Orleans, for Plaintiffs-Appellants.

William Ellison, New Orleans, for Defendant-Appellee.

Before LOTTINGER, C.J., and FOIL and FOGG, JJ.

FOGG, Judge.

By this suit, plaintiffs seek to recover damages arising out of defendant's alleged breach of contractual and fiduciary duties in failing to have one of plaintiffs' subsidiaries listed as a named insured on a blanket crime policy issued by Aetna Casualty and Surety Company. The trial court granted defendant's Motion for Directed Verdict and plaintiffs appeal. We affirm.

The relevant facts of this case span a period of over fifteen years. In 1981 and currently, Newpark Resources, Inc. was and is a holding company for several subsidiary companies, which do business in the oil industry.

In 1981, one of the subsidiaries owned by Newpark Resources, Aztec Corporation,[1] had in its employ a salesman named Ken Chalaire. Tubular Steel, Inc., a customer of Aztec, claimed that Ken Chalaire obligated Aztec to deliver a certain type of pipe to Tubular Steel. After the agreement was reached, Chalaire informed Tubular that Aztec would not be able to fill the order from its own stock. However, Chalaire volunteered that the order could be filled by Labouve Drilling Company. Pursuant to Chalaire's instructions, Tubular wired the agreed upon purchase price to James Labouve.

Unfortunately, the pipe delivered was not of the type and quality required by Tubular. Shortly after this discovery, Tubular made a *210 demand on Aztec for return of the purchase price. The matter was not amicably settled and litigation ensued. In relevant part, Tubular alleged in its original petition, filed 1982, that Ken Chalaire was an agent of Aztec at all times relevant to the litigation; as soon as Tubular discovered that the pipe was not satisfactory an oral request was made of Ken Chalaire to remove the pipe and return the purchase price; that Aztec violated the Texas Deceptive Trade Practices Act by engaging in false, misleading, or deceptive acts and practices in the conduct of its business with Tubular; that Aztec, by and through Ken Chalaire, caused confusion and misunderstanding as to the source of the goods and that the conduct described was committed knowingly, as agents were actually aware of the acts constituting the breach of warranty described.

In June of 1986, Tubular filed a First Amended Original Petition alleging that Ken Chalaire's representations to Tubular were knowingly false when made or were made with reckless disregard as to their truth or falsity and these actions constituted fraud.

A jury in Texas found that Ken Chalaire was acting as an agent of Aztec; that a contract was entered into; that Aztec made false representation to Tubular; and that Tubular relied on Aztec's false representations to its detriment. The judgment of the trial court was affirmed by a Texas appeals court.

Newpark Resources and its named subsidiaries had comprehensive crime policies in place when the above stated facts occurred. Those policies were issued by the Insurance Company of North America (INA) and were in effect from January 1, 1977, until January 1, 1985, at which time INA canceled the policies.

Newpark Resources contacted Marsh & McLennan to procure a replacement comprehensive crime policy covering Newpark Resources and its operating subsidiaries. Marsh & McLennan procured a blanket crime policy, issued by Aetna Casualty & Surety Company, effective January 1, 1985. This policy was canceled by Aetna on June 21, 1986. The omnibus endorsement contained in the Aetna policy covered "any interest hereafter owned, controlled or operated by any one or more of those named as Insured,..."

After the judgment of the Texas trial court was rendered, Newpark Resources submitted a claim to Aetna, which denied the claim. Aetna filed an objection of no right of action claiming Aztec was not a named insured. That exception was sustained and the trial court dismissed Newpark Resources' claim.

Newpark Resources then filed the current lawsuit against Marsh & McLennan claiming that, although Newpark Resources instructed Marsh & McLennan to include its subsidiaries in the policy, the defendant failed to do so. A jury trial was held and, at the close of plaintiffs' case, defendant moved for a directed verdict which was granted by the trial court. Plaintiffs appeal, presenting four assignments of error. We affirm the judgment of the trial court, however, for different reasons.

Initially on appeal, plaintiffs contend that the trial court erred in granting a directed verdict in favor of the Marsh & McLennan. LSA-C.C.P. art. 1810, which governs directed verdicts, states as follows:

A party who moves for a directed verdict at the close of the evidence offered by an opponent may offer evidence in the event that the motion is not granted, without having reserved the right so to do and to the same extent as if the motion had not been made. A motion for a directed verdict that is not granted is not a waiver of trial by jury even though all parties to the action have moved for directed verdicts. A motion for a directed verdict shall state the specific grounds therefor. The order of the court granting a motion for a directed verdict is effective without any assent of the jury.

A trial court has much discretion in determining whether or not to grant a motion for directed verdict. New Orleans Property Development, Ltd. v. Aetna Casualty and Surety Company, 93-0692 (La.App. 1 Cir. 4/8/94); 642 So.2d 1312; Belle Pass Terminal, Inc. v. Jolin, Inc., 92-1544 and 92-1545 (La.App. 1 Cir. 3/11/94); 634 So.2d 466, 478, writ denied, 94-0906 (La.6/17/94); 638 *211 So.2d 1094; Barnes v. Thames, 578 So.2d 1155 (La.App. 1 Cir.), writ denied, 577 So.2d 1009 (La.1991). A motion for directed verdict is appropriately granted in a jury trial when, after considering all evidentiary inferences in the light most favorable to the movant's opponent, it is clear that the facts and inferences are so overwhelmingly in favor of the moving party that reasonable men could not arrive at a contrary verdict. New Orleans Property Development, Ltd., 642 So.2d at 1315; Belle Pass Terminal, Inc., 634 So.2d at 478; Barnes, 578 So.2d at 1162. However, if there is substantial evidence opposed to the motion, that is, evidence of such quality and weight that reasonable and fair-minded jurors in the exercise of impartial judgment might reach different conclusions, the motion should be denied, and the case submitted to the jury. New Orleans Property Development, Ltd., 642 So.2d at 1315; Belle Pass Terminal, Inc., 634 So.2d at 478.

On appeal, the standard of review for directed verdicts is whether, viewing the evidence submitted, the appellate court concludes that reasonable people could not reach a contrary verdict. New Orleans Property Development, Ltd., 642 So.2d at 1315; Belle Pass Terminal, Inc., 634 So.2d at 478. Furthermore, the propriety of a directed verdict must be evaluated in light of the substantive law underpinning the plaintiff's claims. New Orleans Property Development, Ltd., 642 So.2d at 1315; Belle Pass Terminal, Inc., 634 So.2d at 478.

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691 So. 2d 208, 96 La.App. 1 Cir. 0935, 1997 La. App. LEXIS 386, 1997 WL 83136, Counsel Stack Legal Research, https://law.counselstack.com/opinion/newpark-resources-inc-v-marsh-mclennan-of-louisiana-inc-lactapp-1997.