Sieferman v. State Farm Mut. Auto. Ins. Co.

796 So. 2d 833, 1 La.App. 3 Cir. 0439, 2001 La. App. LEXIS 2140, 2001 WL 1161307
CourtLouisiana Court of Appeal
DecidedOctober 3, 2001
Docket01-0439
StatusPublished
Cited by6 cases

This text of 796 So. 2d 833 (Sieferman v. State Farm Mut. Auto. 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
Sieferman v. State Farm Mut. Auto. Ins. Co., 796 So. 2d 833, 1 La.App. 3 Cir. 0439, 2001 La. App. LEXIS 2140, 2001 WL 1161307 (La. Ct. App. 2001).

Opinion

796 So.2d 833 (2001)

Tricia SIEFERMAN
v.
STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY.

No. 01-0439.

Court of Appeal of Louisiana, Third Circuit.

October 3, 2001.

*834 Bennett Boyd Anderson, Jr., Anderson & Broussard, Lafayette, LA, Counsel for Plaintiff/Appellee: Tricia Sieferman.

Preston D. Cloyd, Cloyd, Wimberly & Villermarette, L.L.C., Lafayette, LA, Counsel for Defendant/Appellant: State Farm Mutual Automobile Insurance Company.

Court composed of ULYSSES GENE THIBODEAUX, SYLVIA R. COOKS and JOHN D. SAUNDERS, Judges.

THIBODEAUX, Judge.

The defendant, State Farm Mutual Automobile Insurance Company, appeals the trial court's judgment awarding the plaintiff, Tricia Sieferman, a $20,000.00 death benefit payment on an automobile insurance *835 policy covering Ms. Sieferman's ex-husband, Parris DeCuir.

We affirm.

I.

ISSUES

We shall consider the following issues:

1. whether the trial court erred in holding that the policy covered Parris DeCuir and in awarding the plaintiff $20,000.00 plus legal interest and court costs;
2. whether the trial court erred in sanctioning State Farm for alleged discovery violations by prohibiting State Farm from introducing evidence that had not already been submitted into the record; and,
3. whether the trial court erred in ruling that the evidence submitted by State Farm at trial was inadmissible because of the sanctions imposed for alleged discovery violations.

II.

FACTS

Tricia Sieferman and Parris DeCuir were divorced on September 9, 1994. During their marriage, Ms. Sieferman maintained an auto insurance policy with State Farm, which included a provision for the coverage of death, dismemberment, or loss of sight of the named insured. The provision entitled the named insured to be paid ten thousand dollars if death or injury resulted from a motor vehicle accident. The policy also allowed double indemnity in the event the person killed was wearing a seatbelt.

It is undisputed that in December of 1996, Mr. DeCuir was killed in a single-car auto accident while wearing a seatbelt. On December 9, 1997, Ms. Sieferman filed suit against State Farm for the twenty thousand dollars allegedly owed under the death provision of the insurance policy. The declaration page of the policy that was in effect at the time of the accident listed "Sieferman & Parris" as the named insureds under the death provision. However, State Farm denied that it was obligated to pay Ms. Sieferman and denied that the insurance policy provided death coverage for Mr. DeCuir at the time of his death. State Farm alleged that Ms. Sieferman had contacted her State Farm agent on August 2, 1994, and requested that Mr. DeCuir be dropped from all coverages under her policy and, thereafter, State Farm charged no premium for such coverage.

Prior to trial, Ms. Sieferman filed three discovery motions, which resulted in a finding of contempt and discovery sanctions against State Farm for violating the trial court's order compelling production of State Farm documents. Following the discovery sanctions, Ms. Sieferman moved for summary judgment on all issues. In opposition to the motion for summary judgment, State Farm submitted affidavits from its claims supervisor, David Naranjo, and from Ms. Sieferman's agent, Carroll Boudreaux. State Farm also submitted a computer-generated document labeled "Echo Policy Transaction" to prove that Mr. DeCuir's coverage had been deleted from the policy. The trial court granted summary judgment in favor of Ms. Sieferman, holding that the affidavits and document submitted by State Farm were inadmissible parol evidence that could not be used to alter the unambiguous terms of the insurance policy. State Farm suspensively appealed the summary judgment. This Court reversed the summary judgment and remanded the matter to the trial court, holding that the affidavits and document were admissible to present a genuine issue of material fact as to whether the *836 death coverage for Mr. DeCuir was in effect at the time of the accident. Sieferman v. State Farm Mutual Automobile Ins. Co., 00-91 (La.App. 3 Cir. 5/3/00); 760 So.2d 549.

Following remand, a bench trial on the merits was held. Although State Farm's evidence was admissible under the parol evidence rule, the trial judge held that the discovery sanctions against State Farm precluded the introduction of any evidence except Mr. Naranjo's affidavit and the insurance policy. The trial judge found Ms. Sieferman to be credible and believable but found that State Farm's evidence was ambiguous, lacked credibility, and lacked corroborative testimony. Consequently, the trial judge held that the policy provided a death benefit payment of $20,000.00 covering the life of Mr. DeCuir and that Ms. Sieferman, as the spouse and named insured under the policy, was the person entitled to receive the death benefit payment. State Farm now appeals the trial court's judgment.

III.

LAW AND DISCUSSION

Coverage and Payment of Benefits

State Farm argues that Mr. DeCuir was not covered by the death provision of the automobile policy. Whether Mr. DeCuir was covered by the policy under the circumstances of this case is a question of fact. The appellate standard of reviewing questions of fact is manifest error, and a trial court judgment should not be reversed unless it is clearly wrong. Powell v. Regional Transit Auth., 96-0715 (La.6/18/97); 695 So.2d 1326. There is a reasonable factual basis for the trial court's conclusion that Mr. DeCuir was covered by the policy.

State Farm argues that Ms. Sieferman asked her insurance agent, Mr. Boudreaux, to drop Mr. DeCuir from all coverages on August 2, 1994, eight days before she filed for divorce. State Farm further argues that Mr. DeCuir and Ms. Sieferman maintained two separate auto insurance policies after their divorce, and Ms. Sieferman did not pay any premiums for Mr. DeCuir's death coverage after August 2, 1994.

Ms. Sieferman testified that she contacted Mr. Boudreaux in August of 1994, not to drop Mr. DeCuir from all coverages, but to delete the name "DeCuir" from her last name because the policy listed her as "Tricia Sieferman-DeCuir." The trial judge found Ms. Sieferman's testimony credible, believable, and corroborated by the State Farm declaration sheets, which specify the coverage provided and which included both Ms. Sieferman and Mr. DeCuir.

Mr. Naranjo, the claims supervisor, testified that each time there is a change in coverage a new declaration sheet is produced. Mr. Naranjo further testified that Mr. DeCuir's death coverage was dropped on August 2, 1994, and State Farm produced a declaration sheet to reflect this change in coverage. The court noted, however, that State Farm also produced declaration sheets for Ms. Sieferman's policy every six months, even when there was no change in coverage.

State Farm relied on the declaration sheets to prove that, after August 2, 1994, Ms. Sieferman paid a premium of $2.38 every six months, which only paid one person's death coverage. Mr. Naranjo testified that, prior to August 2, 1994, Ms. Sieferman's death coverage premium should have been approximately $5.00 every six months, providing coverage to Ms. Sieferman and Mr. DeCuir. However, Mr. Naranjo could not locate and failed to produce declaration sheets for the time before the alleged August 2, 1994 change in coverage. He also failed to produce *837

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Bluebook (online)
796 So. 2d 833, 1 La.App. 3 Cir. 0439, 2001 La. App. LEXIS 2140, 2001 WL 1161307, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sieferman-v-state-farm-mut-auto-ins-co-lactapp-2001.