Sieferman v. State Farm Mutual Automobile Insurance

760 So. 2d 549, 0 La.App. 3 Cir. 71, 2000 La. App. LEXIS 1082, 2000 WL 546362
CourtLouisiana Court of Appeal
DecidedMay 3, 2000
DocketNo. 00-71
StatusPublished
Cited by3 cases

This text of 760 So. 2d 549 (Sieferman v. State Farm Mutual Automobile Insurance) 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 Mutual Automobile Insurance, 760 So. 2d 549, 0 La.App. 3 Cir. 71, 2000 La. App. LEXIS 1082, 2000 WL 546362 (La. Ct. App. 2000).

Opinion

LAMY, Judge.

Plaintiff filed suit against the defendant for the payment of accidental death benefits allegedly owed under an auto insurance policy containing such a provision. Plaintiff later moved for summary judgment alleging that there were no genuine issues of material fact as to coverage under the insurance policy and, thus, she was entitled to payment in accordance with the policy. Defendant, in opposition to the motion, alleged that the plaintiff had previously dropped accidental death coverage for the deceased and attempted to offer certain extrinsic and parol evidence in support of its allegations. Subject to the plaintiffs objection, the trial court did not allow the defendant’s evidence and granted the motion for summary judgment. The defendant appealed the judgment, and for the following reasons we reverse -and remand.

Factual and Procedural Background

The plaintiff, Ms. Trida Sieferman, and Mr. Parris Decuir were divorced on September 9, 1994. During their marriage the plaintiff maintained an auto insurance policy with State Farm Mutual Automobile Insurance Company, 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 an accidental motor vehicle accident. The policy also allowed double indemnity in the event the person killed was wearing a seatbelt. The declaration page of the policy listed “Sief-erman & Parris” as the named insureds under the death provision.

It is undisputed that in December of 1996, Mr. Decuir was killed in a single-car auto accident while wearing his 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. State Farm answered the petition denying that it was obligated to pay the plaintiff, affirmatively denying that the insurance l2policy provided death coverage for Mr. Decuir at the time of his death. State Farm alleged that the plaintiff had contacted a State Farm agent on August 2, 1994, and requested that Mr. Decuir be dropped from all coverages under her policy and, thereafter, was charged no premium for such coverage.

On April 28,1998, State Farm moved for summary judgment asserting there were no genuine issues of material fact as to coverage because the plaintiff had can-celled the coverage for Mr. Decuir approximately two-and-a-half years prior to his death. State Farm presented an affidavit from David Naranjo, a State Farm underwriting/operation superintendent, which stated that after review of the plaintiffs insurance policy file, he determined that coverage for Parris Decuir had been dropped on August 2, 1994, and that State Farm did not provide death benefit coverage for Parris Decuir on the date of his death. Attached to this affidavit was a document titled “Echo Policy Transaction” which allegedly indicates that a change in [551]*551death benefit coverage was made so as to delete the insured, “Parris,” on August 2, 1994. State Farm also produced an affidavit from Carroll Boudreaux, the plaintiffs insurance agent, who stated that Ms. Sief-erman contacted his office on August 2, 1994, and requested that Parris Decuir be dropped from the policy and that she was not charged a premium for the coverage of Parris Decuir after that date. Attached to her memorandum in opposition to State Farm’s motion, the plaintiff filed a sworn affidavit stating that she contacted Carroll Boudreaux sometime in 1994 informing him that she had been divorced and that the policy should be changed to reflect her maiden name. She further stated that she told Boudreaux that both she and Mr. Decuir would be responsible for their own premiums. However, she maintained in the affidavit that she was continuously charged and paid premiums for the death benefit coverage for Mr. Decuir.

| sWhile the motion for summary judgment was pending, the plaintiff filed a motion to compel discovery from State Farm due to alleged attempts to receive answers to certain written interrogatories and to obtain responses to a request for production of documents pertaining to the State Farm policy file for Ms. Sieferman and Mr. Decuir. The two motions were joined and heard on June 26, 1998. After hearing the arguments of both parties, the trial court granted the plaintiffs motion to compel and dismissed the motion for summary judgment, stating that there still remained genuine issues of material fact regarding the coverage of Mr. Decuir.

On September 3,1998, State Farm again moved for summary judgment alleging this time that the plaintiff, as Mr. Decuir’s ex-spouse, is not entitled to payment under the terms of the policy. The plaintiff responded by filing another motion to compel and order for contempt against State Farm for failing to sufficiently respond to the discovery request as required by the previous trial court order. The plaintiff further requested that sanctions be rendered under La.Civ.Code art. 1471(3), in the form of a default judgment against State Farm. The two motions were joined and heard on October 23, 1998. ■ The trial court again found there to be genuine issues of material fact as to the policy coverage and denied the motion for summary judgment. The trial court further found State Farm in contempt and ordered it to pay two hundred and fifty dollars in attorney’s fees. Although State Farm argued that it had produced all of the evidence pertaining to this matter, the trial ordered it to produce the discovery requested within five days from the date judgment was rendered or a default judgment would be entered in the plaintiffs favor.

Alleging that State Farm had again failed to “completely and fully” respond to the discovery request, the plaintiff moved for a default judgment. On March 26, 1999, the parties presented their arguments regarding the default judgment to the trial | ¿court. At the hearing, the plaintiff argued that State Farm had continuously failed to produce a declaration page containing the coverage and premiums charged for the date Mr. Decuir was killed. Although several declaration pages from August of 1994 to December 1997 were produced, there was not a specific declaration page for the six-month period from November 1996 to May 1997. State Farm alleged that no declaration sheet existed for that time period and that the declaration page dated May 20, 1996 to November 11, 1996, evidenced the coverage that was in effect at the time of Mr. Decuir’s death. State Farm produced an affidavit from David Naranjo in support of this contention. The trial court determined that a default judgment was not the proper sanction given the facts of this case and denied the plaintiffs motion. The trial court did rule, however, that the declaration page dated May 20, 1996, showing death coverage for Mr. Decuir in the amount of ten thousand dollars with a double indemnity for seatbelt use, was in effect on the date of his death, December [552]*55222, 1996. Moreover, the trial court ruled that State Farm was precluded from arguing that any other declaration sheet was in effect for that time period.

The plaintiff then filed the motion for summary judgment alleging that the policy and declaration sheet proved death benefit coverage for Mr. Deeuir and that as a named insured, the plaintiff was entitled to the proceeds.

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Bluebook (online)
760 So. 2d 549, 0 La.App. 3 Cir. 71, 2000 La. App. LEXIS 1082, 2000 WL 546362, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sieferman-v-state-farm-mutual-automobile-insurance-lactapp-2000.