Perkins v. Guaranty Nat. Ins. Co.

667 So. 2d 559, 1995 La. App. LEXIS 2907, 1995 WL 640696
CourtLouisiana Court of Appeal
DecidedNovember 2, 1995
Docket95-229
StatusPublished
Cited by28 cases

This text of 667 So. 2d 559 (Perkins v. Guaranty Nat. 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
Perkins v. Guaranty Nat. Ins. Co., 667 So. 2d 559, 1995 La. App. LEXIS 2907, 1995 WL 640696 (La. Ct. App. 1995).

Opinion

667 So.2d 559 (1995)

Rose PERKINS, et al., Plaintiff-Appellee,
v.
GUARANTY NATIONAL INSURANCE COMPANY, Defendant-Appellant.

No. 95-229.

Court of Appeal of Louisiana, Third Circuit.

November 2, 1995.
Rehearing Denied February 26, 1996.

*561 Christopher J. Roy Sr., Alexandria, Edward Matthew Mouser, Kinder, Chris J. Roy Jr., Alexandria, for Rose Perkins.

James Eugene Williams, Lake Charles, for Guaranty National Insurance Co.

Samuel Newman Poole Jr., Alexandria, for Fidelity & Casualty Co. of New York.

Before COOKS, WOODARD and AMY, JJ.

COOKS, Judge.

This appeal arises from the trial judge's ruling that a commercial automobile insurance policy holder's rejection of uninsured motorist coverage was not valid. The trial judge also increased the damages awarded to plaintiffs by the jury and granted the insurer's motion for a new trial on the issue of penalties and attorney's fees. Both rulings have been assigned as error on appeal. For the following reasons, we affirm.

FACTS

Edward G. Perkins was killed on December 29, 1990 when another vehicle driven by *562 Tim Landry in the opposite lane of traffic crossed the centerline of the road and struck his automobile. Edward's son, James Perkins, was traveling with him and also was injured. Although insured, Landry's coverage was not sufficient to cover the damages suffered. Edward's survivors filed this wrongful death suit for uninsured motorist benefits.

Edward Perkins was working for M.J. Hollins Construction as a foreman and was driving his wife's auto when the accident occurred. Matthew J. Hollins, the owner of M.J. Hollins Construction, obtained a commercial auto policy issued by Guaranty National Insurance Company (Guaranty). Under the terms of the policy, nonowned vehicles were covered by the policy under certain circumstances:

NONOWNED "AUTOS" ONLY. Only those "autos" you do not own, lease, hire, rent, or borrow that are used in connection with your business. This includes "autos" owned by your employees or partners or members of their households but only while used in your business or your personal affairs.

Plaintiffs filed suit to recover damages claiming Edward was an insured under Hollins' policy. They asserted the damages were covered by Hollins' uninsured motorist coverage. Guaranty argued Hollins validly rejected uninsured motorist coverage. The commercial auto policy Guaranty issued to Hollins was effective October 19, 1990 to October 19, 1991. Hollins rejected uninsured motorist coverage on October 15, 1990. Plaintiffs do not contest the validity of this rejection.

However, when Hollins added another vehicle to his commercial policy, another document rejecting uninsured motorist coverage was executed on December 5, 1990. They assert the December 5, 1990 rejection is not valid because Hollins' wife signed the rejection without Hollins' authority. Plaintiffs contend the addition of a new vehicle to Hollins' policy required the execution of a valid rejection. Absent such, plaintiffs urge, Hollins' policy provides uninsured motorist coverage for the damages arising out of Perkins' accident.

The trial judge agreed. He reasoned the December 5, 1990 rejection was not valid because it was not in proper form. The document was not completed as required by Guaranty, i.e., it did not contain the insured's name and the policy number. Thus, the trial judge rendered a directed verdict after finding Hollins' policy provided uninsured motorist coverage. The remaining issues were submitted to the jury, which found in favor of the plaintiffs. The trial judge increased the jury's award after plaintiffs filed a motion for a new trial and/or judgment notwithstanding the verdict claiming the jury's award was abusively low. In response to Guaranty's motion for a new trial, the trial judge set aside the jury's award of penalties and attorney's fees. Guaranty appeals the trial court's directed verdict and increase of the damage award. Plaintiffs answered requesting reinstatement of penalties and attorney's fees. For the following reasons, we affirm.

DISCUSSION

Uninsured Motorist

Uninsured motorist coverage exists in all automobile policies in an amount equal to the liability limit unless the insured expressly rejects the uninsured motorist coverage. Donaghey v. Cumis Ins. Soc., 600 So.2d 829 (La.App. 3 Cir.1992). Moreover, in the case of a renewal, reinstatement or substitution of a policy, a prior rejection of uninsured motorist coverage is still valid. La. R.S. 22:1406(D)(1)(a)(i).

In the past, we have been called to answer whether the insured under a commercial automobile liability policy is required to execute a new rejection of uninsured motorist coverage when a new vehicle is added to an existing policy. We examined this question in Chevalier v. Ream, 94-741 (La. App. 3 Cir. 12/7/94); 649 So.2d 746 by first reviewing the distinction between individual automobile liability policies and commercial automobile fleet policies. In Donaghey, 600 So.2d 829, we concluded each time a vehicle is added to an individual insurance policy, a new rejection of uninsured motorist coverage must be executed. In that case, we found *563 the addition of each vehicle increased the policy's coverage, and therefore, the policy could not be considered a renewal. In Latiolais v. Liberty Mut. Ins. Co., 93-579 (La.App. 3 Cir. 5/4/94); 640 So.2d 448, writ denied, 94-1420 (La. 9/23/94); 642 So.2d 1289, however, we concluded a new rejection of uninsured motorist coverage is not required each time a vehicle is added to an existing fleet policy. Fleet policies contemplate the addition and deletion of vehicles and coverage is uninterrupted although cars are continually added.

In Chevalier, 649 So.2d 746, the insured added a vehicle to an existing policy which reflected previous rejection of uninsured motorist coverage. No new rejection was executed when the vehicle was added. This court concluded the commercial policy was similar to the fleet policy in Latiolais, 640 So.2d 448. The insured testified he substituted vehicles regularly and he always intended for them to have the same coverage, which excluded uninsured motorist coverage. He did not intend to have uninsured motorist coverage on the vehicle involved in the accident, and he always rejected uninsured motorist coverage to lower his insurance premiums. Moreover, the commercial insurance policy at issue in Chevalier contained the following provision:

"I understand that the choice indicated shall also apply to all future renewal or replacement policies and to any auto added to this policy, its renewal or replacement policy, until I request a change in writing. I also understand that this form is a part of my policy."

Chevalier, 649 So.2d at 747 (emphasis added).

In both Latiolais and Chevalier, the parties contemplated the regular addition and deletion of vehicles.

Turning to the facts before us, Hollins did not substitute vehicles regularly. Moreover, Hollins' commercial policy does not contain a provision stating the decision to accept or reject uninsured motorist coverage would apply to any vehicle added to the policy unless a change was requested in writing. Under these circumstances, the addition of a vehicle to a commercial insurance policy, without changes in bodily insurance limits, is tantamount to issuing a new policy.

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Bluebook (online)
667 So. 2d 559, 1995 La. App. LEXIS 2907, 1995 WL 640696, Counsel Stack Legal Research, https://law.counselstack.com/opinion/perkins-v-guaranty-nat-ins-co-lactapp-1995.