Rivers v. Daigle

210 So. 3d 815, 16 La.App. 3 Cir. 805, 2017 WL 432652, 2017 La. App. LEXIS 124
CourtLouisiana Court of Appeal
DecidedFebruary 1, 2017
Docket16-805
StatusPublished
Cited by1 cases

This text of 210 So. 3d 815 (Rivers v. Daigle) 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
Rivers v. Daigle, 210 So. 3d 815, 16 La.App. 3 Cir. 805, 2017 WL 432652, 2017 La. App. LEXIS 124 (La. Ct. App. 2017).

Opinion

PICKETT, Judge.

|,At issue in this appeal is the trial court’s grant of summary judgment dismissing the insurer of two defendants on the basis that the insurer’s policy did not provide coverage for the minor tortfeasor and its denial of the plaintiffs’ cross motion on the same issue. The plaintiffs appeal, arguing the insurer waived its coverage defense; therefore, its policy provides coverage for their claims. For the following reasons, we reverse the judgment of the trial court.

FACTS

On September 22, 2013, Megan Daigle failed to obey a stop sign and collided with a vehicle driven by Monty Rivers. When the accident occurred, Megan was a minor. She was driving a vehicle owned by and provided for her sole use by her father, Michael Daigle. Mr. Daigle and Angel Alle-mand, Megan’s mother, were divorced, and Mrs. Allemand had legal custody of Megan. Megan lived with Mrs. Allemand and her husband, Harris Allemand.

Mr. Rivers was injured in the accident, and he and his wife filed suit against Mr. Daigle;1 his insurer, Louisiana Farm Bureau Insurance Company; and Progressive Insurance Company, their uninsured/underinsured insurer. On March 25, 2014, the Rivers added Mrs. Allemand as a defendant. Thereafter, on May 9, 2014, they added Megan and Allstate Insurance Company, Mr. and Mrs. Allemand’s insurer, as defendants.

Counsel hired by Allstate filed an answer on behalf of Allstate, Mrs. Allemand, and Megan on May 22, 2014. Thereafter, in June 2014, Allstate notified the Allemands and Megan that its policy excluded coverage because | aMegan was driving a vehicle provided to her by her father. Allstate issued a reservation of rights and hired an attorney to provide a defense to Mrs. Alle-mand and Megan.

In 2015, Allstate filed a motion for summary judgment asserting its policy does not provide coverage for the accident because when the accident occurred, Megan was driving a vehicle owned by her father that he provided for her regular use. The motion asserts that although Megan satisfies its policy’s definition of an insured, she was not operating an insured vehicle when the accident occurred; therefore, the policy does not provide coverage for the accident. Allstate also filed a motion for partial summary judgment, arguing that it did not waive the coverage defense because it [817]*817urged the defense timely and its actions did not prejudice the Allemands. The Rivers then filed a motion for partial summary judgment in which they argue that Allstate waived its coverage defense because Allstate filed an answer without notifying Mrs. Allemand and Megan of its coverage defense and without hiring separate counsel to represent them in this litigation.

After a hearing, the trial court awarded summary judgment and partial summary judgment in favor of Allstate and denied partial summary judgment as requested by the Rivers. The Rivers appealed.

DISCUSSION

Appellate courts review summary judgments de novo, using the same criteria as the trial court. Gray v. Am. Nat’l Prop. & Cas. Co., 07-1670 (La. 2/26/08), 977 So.2d 839. In order to prevail on a motion for summary judgment, the moving party must “show that there is no genuine issue as to material fact and that [he] is entitled to judgment as a matter of law.” La.Code Civ.P. art. 966(B)(2).

1 ¡¡Generally, interpretation of an insurance contract concerns a legal question that can be resolved in the framework of a motion for summary judgment. Cutsinger v. Redfern, 08-2607 (La. 5/22/09), 12 So.3d 945. Insurance policies are interpreted according to the general rules of contract interpretation, and liability insurance policies are interpreted to provide coverage not deny coverage. Supreme Servs. & Specialty Co., Inc. v. Sonny Greer, Inc., 06-1827 (La. 5/22/07), 958 So.2d 634.

Before addressing the Rivers’ claims, we observe that while the Allemands are “the most appropriate parties” to complain of the trial court’s grant of Allstate’s motion for summary judgment, they did not oppose Allstate’s motion and have not appealed the judgment, and Louisiana’s direct action statute, La.R.S. 22:1269(B), provides the Rivers the right to be provided information of any affirmative defenses, including coverage defenses. Breazeale v. T.T., 12-1703 (La.App. 1 Cir. 4/26/13), 117 So.3d 192, writ denied, 13-1852 (La. 11/1/13), 125 So.3d 437.

The Rivers argue Allstate waived its right to assert its coverage defense. Jurisprudence has held that an insurer’s failure to obtain a reservation of rights to contest coverage before assuming the defense of a claim can result in the waiver of the right to contest coverage if the insurer assumes the defense having knowledge of facts indicating a coverage defense may exist. Steptore v. Masco Const. Co., Inc. 93-2064 (La. 8/18/94), 643 So.2d 1213. In Steptore, the supreme court held that a “[w]aiver occurs when there is an existing right, a knowledge of its existence and an actual intention to relinquish it or conduct so inconsistent with the intent to enforce the right as to induce a reasonable belief that the right has been relinquished.” Id. at 1216. The court explained that this principle is required to Uprotect insureds from conflicts of interest that can arise between insurers and their insureds on coverage issues. Specifically, the supreme court explained:

It is well established that an insurer is charged with knowledge of the contents of its own policy. In addition, notice of facts which would cause a reasonable person to inquire further imposes a duty of investigation upon the insurer, and failure to investigate constitutes a waiver of all powers or privileges which a reasonable search would have uncovered.
Waiver principles are applied stringently to uphold the prohibition against conflicts of interest between the insurer and the insured which could potentially affect legal representation in order to [818]*818reinforce the role of the lawyer as the loyal advocate of the client’s interest. Accordingly, when an insurer, with knowledge of facts indicating noncover-age under the insurance policy, assumes or continues the insured’s defense without obtaining a nonwaiver agreement to reserve its coverage defense, the insurer waives such policy defense.

Id. (citations omitted).

An insurer’s obligation to its insured includes the duty to defend which is broader in scope than the duty to provide coverage for claims. Steptore, 643 So.2d 1213. The insurer is obligated to defend its insured “unless the petition unambiguously excludes coverage.” Id. at 1218.

Allstate argues that it is entitled to summary judgment because when the accident occurred, Megan was driving a vehicle provided to her by her father for her regular use; therefore, she was not an insured under the terms of its policy. The motion outlined the coverage provided by its policy:

We will pay those damages which an insured person is legally obligated to pay because of:
1. Bodily injury, sustained by any person, and
2. Damage to, or destruction of, property.
Under these coverages, your policy protects an insured person from claims for accidents arising out of the ownership, maintenance or use, loading or unloading of an insured auto.

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Bluebook (online)
210 So. 3d 815, 16 La.App. 3 Cir. 805, 2017 WL 432652, 2017 La. App. LEXIS 124, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rivers-v-daigle-lactapp-2017.