Peterson v. Schimek

729 So. 2d 1024, 1999 WL 105333
CourtSupreme Court of Louisiana
DecidedMarch 2, 1999
Docket98-C-1712
StatusPublished
Cited by151 cases

This text of 729 So. 2d 1024 (Peterson v. Schimek) is published on Counsel Stack Legal Research, covering Supreme Court of Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Peterson v. Schimek, 729 So. 2d 1024, 1999 WL 105333 (La. 1999).

Opinion

729 So.2d 1024 (1999)

Ambrose PETERSON
v.
Robert A. SCHIMEK, M.D. and Lafayette Insurance Company.

No. 98-C-1712.

Supreme Court of Louisiana.

March 2, 1999.
Rehearing Denied April 9, 1999.

*1026 Geoffrey H. Longenecker, for Applicant.

Darleen M. Jacobs, Alfred A. Sarrat, Jr., William J. Wegmann, Jr., Orr Adams, Jr., for Respondent.

KNOLL, Justice.[*].

Lafayette Insurance Co. (hereafter "Lafayette") seeks relief from the granting of a motion for summary judgment finding that Lafayette's commercial liability insurance policy issued to Dr. Robert Schimek (hereafter "Dr. Schimek") provided $1,000,000 coverage for Ambrose Peterson's (hereafter "Peterson") claims on the alleged bodily injuries which gave rise to this case. The Fourth Circuit Court of Appeal affirmed the judgment in full, finding that Dr. Schimek was covered under the policy because Peterson's claim was for bodily injuries he allegedly sustained on a date the policy was in effect, at a business located in the United States of America of which Dr. Schimek was the sole owner. We affirm, concluding that under the clear and unambiguous language of the policy, the commercial liability insurance contract provides coverage to Dr. Schimek.

FACTS

Dr. Schimek, an ophthalmologist with offices in New Orleans and Metairie, Louisiana, is the owner of rental property located at 2533 River Road in Metairie. Peterson was the lessee of this property. On September 9, 1994, while Peterson was walking down the stairway of the leased premises, he was allegedly injured when he grabbed the handrail that broke, causing him to fall and suffer bodily injuries. Subsequently, Peterson *1027 filed a petition for damages for his alleged injuries.

On the date of the accident, Lafayette had two liability insurance policies in effect in favor of Dr. Schimek. The first policy, Lafayette Dwelling Policy No. 73-710 543 (hereafter the "Dwelling Policy"), contained a "Landlord Premises Liability Endorsement" providing $100,000 maximum coverage per occurrence for bodily injury and property damage. It is undisputed by all parties that this policy provided coverage for Peterson's alleged injuries. The second policy, and the subject of this writ, is Lafayette Premises Commercial Uni-Saver Policy No. 88-112 700 (hereafter the "Commercial Liability Policy"). This policy provided $1,000,000 maximum coverage per occurrence for personal injury sustained on business property of which Dr. Schimek was the sole owner. Peterson and Dr. Schimek both contended that the Commercial Liability Policy provided additional coverage for Peterson's claims. Lafayette contended that coverage under the Commercial Liability Policy was limited to those buildings listed on the declarations page and to the liability of Dr. Schimek as the sole owner of his medical businesses.[1] As such, Lafayette asserted that coverage of the alleged accident is limited to the Dwelling Policy covering the rental property.[2] The policy at issue did not, however, specify the type of business insured, limit coverage to the properties scheduled on the declarations page, or restrict coverage to a specified number of business properties.

PROCEDURAL HISTORY

On December 8, 1994, Peterson filed suit as a result of his alleged injuries, naming Dr. Schimek and Lafayette as defendants. Thereafter, Peterson filed a motion for partial summary judgment urging that under LA.CODE CIV.P. art. 966(B), summary judgment may be rendered solely on the issue of insurance coverage. Peterson moved for a judgment finding that Dr. Schimek was insured under the Commercial Liability Policy[3] up to the full policy limits for the accident in question. Lafayette also moved for partial summary judgment, arguing that the Dwelling Policy constituted the only coverage available to Dr. Schimek for Peterson's claims. Lafayette also asserted that the Commercial Liability Policy did not provide coverage for the plaintiffs accident as the parties intended it to cover only Dr. Schimek's medical practice for general liability exposure. Dr. Schimek joined in the hearing supporting Peterson's motion for summary judgment and opposing Lafayette's motion. The trial court granted Peterson's motion, denied Lafayette's motion, and decreed that the Commercial Liability Policy provided $1,000,000 coverage and that the Dwelling Policy provided $100,000 coverage for Peterson's alleged bodily injuries.

The trial court noted that no specific provision of the Commercial Liability Policy excluded coverage for the negligent acts of Dr. Schimek with respect to the property leased to Peterson. Further, the court found that, by the terms of the contract, Lafayette was obligated to pay the sums that Dr. Schimek became legally obligated to pay as damages because of bodily injury caused by an occurrence in the coverage territory. The court also found that the policy defined "occurrence" and that the coverage territory as defined in the policy was "the United States of America." Accordingly, the trial court concluded that because the rental property was located within the coverage territory of the policy, the Commercial Liability Policy provided coverage up to the limits of $1,000,000. Lafayette filed motions for rehearing and a new trial, which the trial court denied.

The court of appeal affirmed the trial court's judgment finding that when the insurance contract was read as a whole, coverage *1028 clearly existed on the date of the accident, that damages due to bodily injury were covered, that the coverage territory was the United States of America, and that an insured was covered for the conduct of a business for which he was the sole owner. The court noted that because the language of the policy was clear and unambiguous, and led to no absurd consequences, the court would look no further than the policy itself to determine the parties' intent. Thus, the court of appeal rejected Lafayette's argument to reform the insurance contract according to Lafayette's contention of the parties' intent. Peterson v. Schimek, 97-2801 (La.App. 4 Cir. 6/2/98), 715 So.2d 503, 505.

On writ to this Court, Lafayette contends that the lower courts erred in granting summary judgment in favor of Peterson and in finding that the Commercial Liability Policy provided coverage to Dr. Schimek because the policy was written to cover only Dr. Schimek's medical business at the two properties listed on the declarations page. In support of its argument, Lafayette relies on the name of the insured as a doctor, "Schimek Robert A., Dr." and the policy's language "but only with respect to the conduct of a business of which you are the sole owner," to demonstrate that only the medical businesses of Dr. Schimek were covered.

Peterson and Dr. Schimek both opposed the writ and urged this Court to affirm the judgments below. Both argue that the trial court correctly found coverage under the Commercial Liability Policy according to the clear and unambiguous terms of the policy. They counter that Lafayette's argument regarding the parties' intent is an inappropriate after-the-fact attempt to reform the contract to contradict the policy's clear language. They point out that nothing in the Commercial Liability Policy purports to limit coverage to Dr. Schimek's medical practice. Further, Dr. Schimek notes that Lafayette's attempt to reform the insurance contract violates public policy by adversely affecting his right to indemnity and protection, Peterson's right to recover after the occurrence of injury, and invites litigation regarding the parties' intentions.

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Cite This Page — Counsel Stack

Bluebook (online)
729 So. 2d 1024, 1999 WL 105333, Counsel Stack Legal Research, https://law.counselstack.com/opinion/peterson-v-schimek-la-1999.