Osbon v. National Union Fire Insurance Co.

621 So. 2d 78, 1993 La. App. LEXIS 2455, 1993 WL 217101
CourtLouisiana Court of Appeal
DecidedJune 23, 1993
DocketNo. 24522-CA
StatusPublished
Cited by1 cases

This text of 621 So. 2d 78 (Osbon v. National Union Fire Insurance 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
Osbon v. National Union Fire Insurance Co., 621 So. 2d 78, 1993 La. App. LEXIS 2455, 1993 WL 217101 (La. Ct. App. 1993).

Opinions

WILLIAMS, Judge.

This is an action to recover insurance proceeds under a homeowners’ insurance policy.

The appellant, Pauline J. Osbon,1 appeals a trial court judgment denying her claim for insurance benefits, attorney, fees and penalties against the appellee, National Union Fire Insurance Company (National Union).

The evidence at trial showed that Pauline Obson divorced James Osbon in 1968. She purchased a house in 1971 and financed the purchase with a mortgage from Troy and Nichols. The mortgage required that she maintain insurance on her home, and the defendant, National Union, was selected by the mortgage holder as the insurer. The insurance premiums were included in her monthly mortgage payments. In 1978, Appellant remarried James Osbon. The appellant and James Osbon did not enter into a contract changing the ownership status of the house; therefore, it remained Appellant’s separate property.

On February 15, 1990, the house caught fire while the appellant, her husband, James Osbon, and her two young grandchildren were in the home. The fire completely destroyed the house. The damage exceeded the insurance policy limits of $32,-000.00 for dwelling, $16,000.00 for contents and $6,400.00 for loss of use. Appellant [80]*80filed an insurance claim with National Union for the policy limits.

Appellee, National Union, denied the claim and asserted the affirmative defense of arson.

During the trial, National Union introduced the testimony of an expert witness who opined that the fire had been intentionally set. After the trial, the jury found appellant’s husband, James Earl Osbon, Sr.,2 “intentionally set or was responsible for the fire.” Interrogatories propounded to the jury and its answers thereto appear in the record:

Do you find by a preponderance of the evidence that the defendant has proven that the plaintiffs house burned as a result of arson? Yes _X No
Do you find by a preponderance of the evidence that the defendant has proven that plaintiffs husband, James Osbon, Sr., intentionally set or was responsible for this fire? Yes _X No _

DISCUSSION

Appellant argues that even if James Os-bon had intentionally set the fire, National Union is not excused from paying the policy benefits to her because she is the named insured in the policy. She contends James Osbon should not have been considered an insured under the policy, and therefore his intentional act could not have voided the policy. Appellant urges, in the alternative, she should be allowed to recover the insurance proceeds because the home was her separate property and because she was an innocent insured.

The homeowners’ insurance policy contains the following provisions:

NAMED INSURED
P.J. Osbon
DEFINITIONS
In this policy, “you” and “your” refer to the “named insured” shown in the Declarations and the spouse if a resident of the same household_ In addition, certain words and phrases are defined as follows:
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3. “insured” means you and residents of your household who are:
a. your relatives; _

EXCLUSIONS

8. Intentional Loss, meaning any loss arising out of any act committed:

a. by you or at your direction; and
b. with the intent to cause a loss.

The clear and unambiguous terms of a policy of insurance, including exclusions, should be enforced. Murphy v. Louisiana Farm Bur. Mut. Ins., 569 So.2d 637, 639 (La.App. 2d Cir.1990).

Exclusions contained in an insurance policy, when ambiguous, will be construed in favor of the insured. However, tortured constructions of the policy language that seize on every word as a possible source of confusion will not be sufficient to show an ambiguity exists. Id. at 639. Terms and provisions of insurance contracts are to be construed in their general and popular meaning. Benton v. Long Mfg. N.C., Inc., 550 So.2d 859 (La.App. 2d Cir.1989).

Appellant is the only named insured in the insurance policy. Appellant argues that her husband’s act of arson did not void the policy because he was not covered by the exclusion provision. She contends that the policy recognizes a distinction between the named insured and an insured by definition, and only the named insured is covered by the intentional loss exclusion. She reasons that since a number of people can become an insured under the policy, the language of the exclusion limits loss by only covering acts “by you or at your direction.” Plaintiff concludes that the words “you” and “your” as they appear in the exclusion refer only to the nam%d insured.

In essence, appellant asks us to construe one provision of the insurance policy, the exclusion clauses, while ignoring another, [81]*81the definitions. However, one portion of a contract cannot be construed separately at the expense of disregarding another. Pareti v. Sentry Indem. Co., 536 So.2d 417 (La.1988). Any other interpretation would amount to a tortured construction of the policy language. Murphy, supra. The exclusionary clause states that the policy does not cover a loss arising out of an act “by you or at your direction” with the intent to cause a loss. The “definitions” section of the policy specifically states that the words “you” and “your” refer to the named insured and the spouse if a resident of the same household. James Osbon was the plaintiffs spouse and was a resident of the home at the time of the fire. Therefore, James Osbon's act was covered by the exclusionary clause.

Having determined that the policy’s exclusionary clause applies to Mr. Osbon, the next issue is whether a legitimate reason exists to disregard the exclusion under the facts of this case.

Appellant argues that as an innocent insured, she should be entitled to recover the insurance proceeds. She cites Williams v. Fire Ass’n of Philadelphia, 193 So. 202 (La.App.2d Cir.1939) as authority for her argument. In the Williams case, a couple’s house burned down while the husband was in prison. Although there was some question as to whether the wife or her boarder were responsible, the court held that the defendant insurer would not be absolved from liability for the ensuing loss unless the insurer could prove the imprisoned husband counseled, suggested or authorized the illegal action. However, there is no indication from a review of the decision that the court in Williams had before it an insurance policy which expressly excluded acts by a named insured or the spouse of a named insured.3 Therefore, we cannot agree with the appellant that the holding of Williams is controlling under the facts of the instant case.

Appellant vehemently argues that we should follow the jurisprudence of other jurisdictions where the “innocent spouse” doctrine has been adopted.

We have reviewed numerous cases from other jurisdictions, some cited by appellant in brief, others obtained from our own extensive research on this issue. In the 1990 case of Vance v. Pekin Insurance Company, 457 N.W.2d 589

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Related

Osbon v. National Union Fire Ins. Co.
632 So. 2d 1158 (Supreme Court of Louisiana, 1994)

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Bluebook (online)
621 So. 2d 78, 1993 La. App. LEXIS 2455, 1993 WL 217101, Counsel Stack Legal Research, https://law.counselstack.com/opinion/osbon-v-national-union-fire-insurance-co-lactapp-1993.