Oliver v. Ste. Marie

715 So. 2d 722, 1998 WL 348015
CourtLouisiana Court of Appeal
DecidedJuly 1, 1998
Docket97-1469
StatusPublished
Cited by3 cases

This text of 715 So. 2d 722 (Oliver v. Ste. Marie) 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
Oliver v. Ste. Marie, 715 So. 2d 722, 1998 WL 348015 (La. Ct. App. 1998).

Opinion

715 So.2d 722 (1998)

Rodney OLIVER, et al., Plaintiffs-Appellees,
v.
Guy D. STE. MARIE, et al., Defendants-Appellants.

No. 97-1469.

Court of Appeal of Louisiana, Third Circuit.

July 1, 1998.

Jack Derrick Miller, Crowley, for Rodney Oliver et al.

Stephen A. Stefanski, Crowley, Kraig Thomas Strenge, Lafayette, for Guy D. Ste. Marie et al.

Frederick Douglas Gatz, Jr., Lafayette, for Illinois National Insurance Co.

Before THIBODEAUX, COOKS and AMY, JJ.

THIBODEAUX, Judge.

Guy Ste. Marie, his wife, Sharyll, and their automobile insurer, Illinois National Insurance Company, were sued for damages arising out of a three-car accident involving their minor daughter, Renee Ste. Marie. They were sued by the owners and passengers of the other two vehicles involved in the accident. Illinois National denied coverage because the policy contained a "Named Driver Exclusion Agreement," which excluded the minor, Renee, from coverage. The Ste. Maries filed a cross-claim against Illinois National demanding it provide liability coverage according to the terms of the policy, that it *723 indemnify them for their damages incurred from the accident, and that it provide for their defense against the pending action. The trial court found that Renee was 100% negligent and held that the policy exclusion required a signature by the named insured, Guy Ste. Marie. Consequently, the court found the exclusion invalid because Sharyll Ste. Marie signed her husband's name to the exclusion agreement without having authority to do so. Illinois National appealed the trial court judgment and the Ste. Maries filed an appeal seeking review of the trial court's apportionment of 100% fault against Renee Ste. Marie.

We find that the trial court was correct in finding that the exclusion agreement could only be entered into by the named insured, Guy Ste. Marie. Further, because Sharyll Ste. Marie did not have authority to sign on behalf of Guy Ste. Marie, the exclusion is invalid, and Renee Ste. Marie is covered under the terms of the policy. In addition, we find that the trial court did not err in apportioning 100% fault to Renee Ste. Marie in causing the accident because she did not have the right of way at the intersection, and there is no proof that the driver of the vehicle that collided with hers had the opportunity to react to avoid the accident.

The judgment of the trial court is affirmed.

I.

ISSUES

We must determine:

1. whether the named insured is the only person allowed to exclude persons from coverage pursuant to La.R.S. 32:900(L);
2. whether Sharyll Ste. Marie had authority to sign her husband's name to the "Named Driver Exclusion Agreement;" and,
3. whether Renee Ste. Marie was 100% at fault in causing the accident.

II.

FACTS

Renee Ste. Marie was driving her parents' pickup truck on April 22, 1995, when she became involved in a three-car collision at the intersection of U.S. Hwy. 90 and La. Hwy. 91 in rural Midland, Louisiana. Renee was traveling south on two-lane Hwy. 91 before stopping at the intersection of the two highways. Mary and Theresa Broussard were stopped directly across from her, facing north on Hwy. 91. Mary was driving a 1986 Toyota Corolla owned by Terry Lemaire. The Oliver family, consisting of Carlotta (the driver), her husband, Rodney, and their two minor children, was traveling east on Hwy. 90 in their 1985 Buick LeSabre when the accident occurred. The Olivers contend that they saw the truck resting at the stop sign, but as they came upon the intersection, Renee pulled out in front of them in an attempt to cross the highway. Mrs. Oliver stated that she attempted to go around the truck but was not able to because she saw another vehicle in the oncoming traffic. Consequently, she could not avoid colliding with the right, rear passenger side panel of the truck. The impact of the collision caused the truck to spin and hit the front end of the vehicle occupied by the Broussards, which was still at rest at the stop sign.

Renee testified that while she waited at the stop sign, she looked both ways and saw only one car traveling east on Hwy. 90. She waved to the people in the car and then proceeded across the highway. She testified at trial that she never saw the Oliver vehicle coming. Renee was ticketed for not yielding the right of way, and her parents and their insurer were sued by the Olivers, Lemaire, and the Broussards for general, medical and property damages sustained in the accident, contending that the accident was caused by Renee's negligence.

Mrs. Ste. Marie testified that she procured automobile liability insurance for the truck involved in the accident from an insurance agent, Larry Guidry, at the Estherwood Insurance Agency on May 13, 1994. On the first page of the policy application, Mrs. Ste. Marie signed her name beside "Signature of Applicant" and signed "Guy D." above her first name. On the second page of the policy application on the line above the request for "Applicant's signature," she signed her husband's name, and did the same on a separate *724 form for the rejection of uninsured motorists coverage. She also signed her husband's name on the "Named Driver Exclusion Agreement" directly above the request for "Named Insured's Signed Acceptance." The agreement named Renee and her sister, Chanda, as persons excluded from coverage. The listed reason for their exclusion was that they were not licensed at the time. Mrs. Ste. Marie testified that she signed her husband's name on these forms because she was told by the insurance agent to do so.

Illinois National denied coverage for the accident based upon the exclusion agreement. It answered the Petition for Damages filed by the plaintiffs, denying all liability with respect to the accident involving Renee. The Ste. Maries also filed an answer to the petition, alleging that the accident occurred solely and proximately from the negligence of Carlotta Oliver and Mary Ann Broussard. They also filed a cross-claim against Illinois National requesting coverage and that it provide a defense for the Ste. Maries in the pending suit. They asserted that the exclusion agreement was invalid because it was not executed by Guy Ste. Marie and, therefore, coverage applied to Renee Ste. Marie.

The trial court held that the sole cause of the accident was Renee's failure to yield the right of way and failure to keep a proper lookout. The court found that there was nothing to obstruct Renee's view of Hwy. 90 and that had she been keeping a proper lookout, she would have seen the Oliver vehicle approaching the intersection. Further, the court stated that the evidence did not support the contention that Mrs. Oliver could have avoided the accident had she immediately applied her brakes. The court noted that Theresa Broussard testified that the Oliver vehicle was so close to the intersection when Renee pulled out that the accident could not be avoided. Moreover, the court concluded that Renee's failure to yield the right of way caused a "sudden emergency." Under the sudden emergency doctrine, the trial court reasoned that "one who is suddenly confronted with an unanticipated hazard without sufficient time to weigh and consider all of the options and available courses of action, is not guilty of negligence if he fails to adopt what subsequently may appear to have been a better method of avoiding the danger."

In regards to insurance coverage, the trial court held that the Illinois National insurance policy provided coverage because the "Named Driver Exclusion Agreement" had been signed by Mrs. Ste.

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Cite This Page — Counsel Stack

Bluebook (online)
715 So. 2d 722, 1998 WL 348015, Counsel Stack Legal Research, https://law.counselstack.com/opinion/oliver-v-ste-marie-lactapp-1998.