Richardson v. Lott

868 So. 2d 64, 2003 WL 22519463
CourtLouisiana Court of Appeal
DecidedNovember 7, 2003
Docket2003 CA 0189
StatusPublished
Cited by17 cases

This text of 868 So. 2d 64 (Richardson v. Lott) 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
Richardson v. Lott, 868 So. 2d 64, 2003 WL 22519463 (La. Ct. App. 2003).

Opinion

868 So.2d 64 (2003)

Ashli RICHARDSON, Karl M. Beattie, and Bobbie G. O'Bryan, Jr.
v.
Bobby Gerald LOTT, Jr., Bobby Gerald Lott, Sr., State Farm Mutual Automobile Insurance Company, and Terrebonne Parish Consolidated Government.

No. 2003 CA 0189.

Court of Appeal of Louisiana, First Circuit.

November 7, 2003.
Writ Denied February 13, 2004.

*66 William P. Crews, Jr., Natchitoches, William S. Watkins, Duval, Funderburk, Sundbery, Lovell & Watkins, Houma, for Plaintiff-Appellant Ashli Richardson.

Kevin D. Thompson, E. James Gaidry, Jr., Houma, for Defendant-Intervenor-Appellee Terrebonne Parish Consolidated Government.

Howard B. Kaplan, Bernard, Cassisa, Elliott & Davis, Metairie, for Defendant-Appellee United States Fidelity & Guaranty Insurance Company.

Before: CARTER, C.J., PARRO, and GUIDRY, JJ.

PARRO, J.

Ashli Richardson appeals a judgment granting a motion for summary judgment filed by United States Fidelity & Guaranty Insurance Company (USF & G) and dismissing her claims for uninsured/underinsured motorist (UM) insurance coverage under policies issued to the Terrebonne Parish Consolidated Government (the parish). The only issue on appeal is whether UM rejections executed by the parish were valid. After a de novo review, we find that USF & G failed to carry its burden of proof that there is no genuine issue of material fact concerning the validity of the UM rejections in this case. Accordingly, we reverse and remand.

*67 FACTUAL AND PROCEDURAL BACKGROUND

Ashli Richardson, Karl M. Beattie, and Bobbie G. O'Bryan, Jr., who were all police officers for the city of Houma, were involved in an automobile accident on November 24, 1998, while in the course and scope of their employment. They were occupying a police vehicle and were proceeding through an intersection under a green light when they were hit by a pickup truck driven by Bobby G. Lott, Jr., owned by Bobby G. Lott, Sr., and insured by State Farm Mutual Automobile Insurance Company (State Farm). As a result of the accident, Ms. Richardson was severely injured;[1] Officers Beattie and O'Bryan sustained only minor injuries. All were paid workers' compensation benefits by the parish. Suit was filed against the Lotts and State Farm; the parish was named as a necessary and indispensable party because of its potential subrogation claims for workers' compensation payments,[2] and because the State Farm liability limits might be insufficient to cover those claims and the damages sustained by the three officers, particularly Ms. Richardson. The petition further alleged that the parish might be insured by USF & G, but did not name it as a defendant.

After some discovery, an amended petition added USF & G as a defendant, alleging its liability insurance policies, which were renewed July 1, 1998, insured the parish and that the city of Houma police department was an additional insured on those policies, entitling the officers to UM coverage. The amended petition further stated that there was no rejection of UM coverage when the policies were issued and that UM rejection forms signed in October 1998 were not valid.[3]

USF & G eventually filed a motion for summary judgment, stating there were no genuine issues of material fact and, as a matter of law, the parish having effectively rejected UM coverage, the USF & G policies did not provide UM insurance at the time of this accident. In support of its motion, among other things, USF & G submitted affidavits; copies of its policies; the deposition of Barry P. Bonvillain, parish council president at all relevant times; a copy of a resolution adopted by the parish council on March 11, 1992, authorizing the council president to reject UM coverage on all parish insurance policies; and copies of various UM rejection forms from 1993 to 2001. The documents and accompanying affidavits showed that effective July 1, 1998, USF & G had replaced two existing policies with substitute policies providing liability insurance to the parish and the city of Houma police department. UM rejection forms had been signed in January 1996 on the previous policies. The two policies in effect at the time of the accident were a commercial liability umbrella policy (the umbrella policy) and an excess automobile liability policy *68 (the excess policy). Although UM rejection forms were not executed when these policies became effective in July 1998, they were executed for both policies by Mr. Bonvillain a month before the accident, on October 20, 1998.[4] USF & G argued that the evidence established that the parish had rejected UM coverage on its current policies, each of which was a renewal or substitute for preceding policies on which UM coverage had also been consistently rejected. Therefore, because the previous waivers of UM coverage continued unabated in the renewed or substituted policies and no new UM rejections were needed, and/or because the rejection forms executed in October 1998 were valid, the policies provided no UM coverage for Ms. Richardson.

Ms. Richardson opposed the motion, submitting copies of certain letters from USF & G's and the parish's attorneys with copies of USF & G policies attached; a copy of the 1992 parish council resolution; a copy of the UM rejection form prescribed by the commissioner of insurance as of April 17, 1998; copies of the October 1998 UM rejection forms; and a copy of a UM rejection form executed for the parish on December 14, 1999, using the new form prescribed by the commissioner of insurance. She argued that the 1992 parish council resolution was ambiguous and did not authorize succeeding council presidents and other persons to continue to reject UM coverage indefinitely. She also contended the resolution by its terms applied only to the parish, and not to the city of Houma or its police department. She further urged that the UM rejections executed in October 1998 were not valid, because the forms used were not in accordance with the new format prescribed by the commissioner of insurance for use after September 6, 1998, as required by Louisiana Revised Statute 22:1406(D)(1)(a)(ii). Finally, because for one year, a different insurance company provided the parish's liability insurance coverage, the previously-executed UM rejection forms on the USF & G policies did not remain valid, because the policies had not been continuously renewed by USF & G or its affiliate.

At the hearing on the motion, the trial court commented:

[T]he State's new form that the State requires was not used; is that essential, in this particular case? And the Court is of the opinion, no it is not. Where the form is otherwise in compliance with law, the Court is of the opinion that, that previous UM rejection is sufficient and adequate.
* * *
We have a situation where the Parish has exhibited, in the past, an intention not to have UM coverage.
* * *
Considering the circumstances, the Court is of the opinion that Parish Government sufficiently complied with the requirements of the Uninsured Motorist Law.

The trial court granted the motion for summary judgment in favor of USF & G, signed a judgment on July 30, 2002, and designated it as final.[5] Ms. Richardson appealed.

*69 SUMMARY JUDGMENT

In determining whether summary judgment is appropriate, appellate courts conduct a de novo

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Bluebook (online)
868 So. 2d 64, 2003 WL 22519463, Counsel Stack Legal Research, https://law.counselstack.com/opinion/richardson-v-lott-lactapp-2003.