Simmons v. Weiymann

943 So. 2d 423, 2006 WL 2422581
CourtLouisiana Court of Appeal
DecidedAugust 23, 2006
Docket2005 CA 1128
StatusPublished
Cited by12 cases

This text of 943 So. 2d 423 (Simmons v. Weiymann) 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
Simmons v. Weiymann, 943 So. 2d 423, 2006 WL 2422581 (La. Ct. App. 2006).

Opinion

943 So.2d 423 (2006)

Gary and June SIMMONS, Individually and as Natural Tutor/Tutrix of Their Minor Children, Ellen Simmons and Miranda Simmons
v.
Byron WEIYMANN, John Doe and Jane Doe, as Natural Parents and Tutor/Tutrix of the Minor Child, Candace B. Braden, and American Western Home Insurance Company.

No. 2005 CA 1128.

Court of Appeal of Louisiana, First Circuit.

August 23, 2006.

*424 Shawn C. Reed, Hope E. Robertson, Charles C. Collins, Howard, Reed & Taylor, Covington, for Plaintiffs-Appellants Gary and June Simmons, et al.

Charles J. Foret, Briney & Foret, Lafayette, for Defendant-Appellee American Western Home Ins. Co.

Before: PARRO, McDONALD, and HUGHES, JJ.

PARRO, J.

The plaintiffs appeal a judgment granting a motion for summary judgment in favor of an insurer on the basis that an exclusion in the homeowner's liability insurance policy precluded coverage for the plaintiffs' claims against their insured. We affirm.

FACTUAL AND PROCEDURAL BACKGROUND

Candace B. Braden, a minor, was driving a "four-wheeler" on a roadway with her younger sister and two other children, Ellen and Miranda Simmons, as passengers. Braden did not stop at the stop sign at an intersection, entered the cross street to turn the corner, and collided with an automobile on that street. The Simmons children were injured in the accident. Their parents sued, among others, the owner of the four-wheeler, Byron Weiymann, and his homeowner's liability insurer, American Western Home Insurance Company (American), alleging that Weiymann's negligent supervision of the children was a cause of the accident.

American answered the petition, admitting it insured Weiymann under a liability insurance policy, but generally denying the remaining allegations. American later filed a motion for summary judgment, claiming coverage was precluded under a policy exclusion for bodily injury or property damage "arising out of the ownership, maintenance, use, loading or unloading of . . . a motor vehicle owned or operated by, or rented or loaned to any insured person. . . ." The trial court agreed with this position, and granted summary judgment in favor of American, dismissing the plaintiffs' claims against it. In this appeal, the plaintiffs contend this conclusion was legal error, because their cause of action against Weiymann did not arise out of his ownership or use of the motor vehicle, but was a distinct cause of action based on his negligent supervision of children who had been entrusted to his care.

APPLICABLE LAW

An appellate court reviews a district court's decision to grant a motion for summary judgment de novo, using the same criteria that govern the district court's consideration of whether summary judgment is appropriate. Smith v. Our Lady of the Lake Hosp., Inc., 93-2512 (La.7/5/94), 639 So.2d 730, 750. Summary *425 judgment shall be rendered if there is no genuine issue as to material fact and the mover is entitled to judgment as a matter of law. LSA-C.C.P. art. 966(B). A summary judgment may be rendered on the issue of insurance coverage alone, although there is a genuine issue as to liability or damages. See LSA-C.C.P. art. 966(E); Bilbo for Basnaw v. Shelter Ins. Co., 96-1476 (La.App. 1st Cir.7/30/97), 698 So.2d 691, 694, writ denied, 97-2198 (La.11/21/97), 703 So.2d 1312. When the issue before the court on the motion for summary judgment is one on which the party bringing the motion will bear the burden of proof at trial, the burden of showing there is no genuine issue of material fact remains with the party bringing the motion. See LSA-C.C.P. art. 966(C)(2); Buck's Run Enterprises, Inc. v. Mapp Const., Inc., 99-3054 (La.App. 1st Cir.2/16/01), 808 So.2d 428, 431. An insurer seeking to avoid coverage through summary judgment bears the burden of proving some exclusion applies to preclude coverage. See McMath Const. Co., Inc. v. Dupuy, 03-1413 (La.App. 1st Cir.11/17/04), 897 So.2d 677, 681, writ denied, 04-3085 (La.2/18/05), 896 So.2d 40; Collins v. Randall, 02-0209 (La.App. 1st Cir.12/20/02), 836 So.2d 352, 354.

An insurance policy is a contract between the parties and should be construed employing the general rules of interpretation of contracts set forth in the Louisiana Civil Code. Reynolds v. Select Properties, Ltd., 93-1480 (La.4/11/94), 634 So.2d 1180, 1183. Words and phrases used in a policy are to be construed using their plain, ordinary, and generally prevailing meaning, unless the words have acquired a technical meaning. LSA-C.C. art. 2047. Where the language in the policy is clear, unambiguous, and expressive of the intent of the parties, the agreement must be enforced as written. See LSA-C.C. art. 2046.

The purpose of liability insurance is to afford the insured protection for damage claims. Policies therefore should be construed to effect, and not to deny, coverage. Thus, a provision which seeks to narrow the insurer's obligation is strictly construed against the insurer, and if the language of the exclusion is subject to two or more reasonable interpretations, the interpretation which favors coverage must be applied. Reynolds, 634 So.2d at 1183. However, subject to the above rules of interpretation, insurance companies have the right to limit coverage in any manner they desire, so long as the limitations do not conflict with statutory provisions or public policy. Reynolds, 634 So.2d at 1183. The rule of strict construction does not authorize a perversion of language or the exercise of inventive powers for the purpose of creating an ambiguity where none exists. Nor does it authorize courts to alter the terms of policies under the guise of contractual interpretation when the policy provisions are couched in unambiguous language. Doiron v. Louisiana Farm Bureau Mut. Ins. Co., 98-2818 (La. App. 1st Cir.2/18/00), 753 So.2d 357, 363.

DISCUSSION

The policy exclusion on which American relies in this case states:

Under Personal Liability Coverage and Medical Payments to Others Coverage, we do not cover bodily injury or property damage:
* * *
(g) arising out of the ownership, maintenance, use, loading or unloading of:
* * *
ii. a motor vehicle owned or operated by, or rented or loaned to any insured person. . . .

*426 The first issue before the court on this appeal is whether the bodily injuries suffered by the Simmons children arose out of the use of a motor vehicle owned by Weiymann, thereby implicating this policy exclusion. As the trial court noted, common sense answers that question in the affirmative. The American policy defines motor vehicle as:

[a]ny motorized land conveyance of any type, regardless of whether or not it is licensed for road use or whether the motorized land conveyance is made for use on or off public roads. The term "motor vehicle" shall include . . . allterrain vehicles. . . .

The four-wheeler being used by the children meets this definition. It was owned by Weiymann and the injuries to the children occurred as they were riding in that motor vehicle and collided with another motor vehicle. Therefore, under the unambiguous language of the policy, the Simmons children's injuries clearly "arose out of the use of a motor vehicle" owned by the insured.

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Bluebook (online)
943 So. 2d 423, 2006 WL 2422581, Counsel Stack Legal Research, https://law.counselstack.com/opinion/simmons-v-weiymann-lactapp-2006.