Stephenson v. Van Vleit

693 So. 2d 858, 1997 WL 209711
CourtLouisiana Court of Appeal
DecidedApril 30, 1997
Docket96-1407
StatusPublished
Cited by17 cases

This text of 693 So. 2d 858 (Stephenson v. Van Vleit) 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
Stephenson v. Van Vleit, 693 So. 2d 858, 1997 WL 209711 (La. Ct. App. 1997).

Opinion

693 So.2d 858 (1997)

Patrick Ray STEPHENSON, et al. Plaintiffs-Appellants,
v.
Jack VAN VLEIT II, et al., Defendants-Appellees.

No. 96-1407.

Court of Appeal of Louisiana, Third Circuit.

April 30, 1997.

*859 Jack Paul Showers, Lafayette, for Patrick Ray Stephenson et ux.

Kenny Layne Oliver, Lafayette, for Jack Van Vleit II et al.

John Oleh Kopynec, Roy J. DiVincenti III, Geraldine Elise Fontenot, Baton Rouge, for Zurich Insurance Company.

Michael Stagg Guillory, Antonio Le Mon, Metairie, for Xerox Corporation.

Before THIBODEAUX, PETERS and SULLIVAN, JJ.

PETERS, Judge.

This litigation originated as a suit by Patrick Ray Stephenson to recover damages sustained in an automobile accident in Lafayette Parish, Louisiana, on April 1, 1994. Two of the defendants, Zurich Insurance Company and State Farm Mutual Automobile Insurance Company, were sued in their capacities as uninsured/underinsured motorist (UM) carriers providing coverage for Stephenson *860 in the accident. This appeal arises as a result of the trial court's granting of Zurich's motion for summary judgment, finding that its policy did not provide UM coverage to Stephenson.

DISCUSSION OF THE RECORD

On April 1, 1994, Patrick Ray Stephenson was an employee of Xerox Corporation (Xerox) and was driving Xerox's 1990 Dodge van. As he attempted to make a left turn from Louisiana Highway 339 onto Failla Road in Lafayette, Louisiana, Stephenson's vehicle was struck from the rear by a 1986 Mazda 323 being driven by Jack Van Vleit III, a minor. The Mazda 323 was owned by Jack Van Vleit II and was covered by a policy of liability insurance issued by Louisiana Farm Bureau Mutual Insurance Company. At the time of the accident, Stephenson was in the course and scope of his employment with Xerox.

Stephenson filed suit, naming as defendants Jack Van Vleit II, individually and on behalf of his minor son, Jack Van Vleit III; Louisiana Farm Bureau Mutual Insurance Company; Zurich Insurance Company (Zurich) as the UM carrier for Xerox; and State Farm Mutual Automobile Insurance Company (State Farm) as his personal UM carrier. Xerox filed an intervention to recover all amounts that it had paid to or on behalf of Stephenson as a result of the accident.

Zurich responded to the suit by denying that it provided UM coverage for the van or Xerox. Based on this defense, Zurich filed a motion for summary judgment, seeking dismissal from the litigation. State Farm also filed a motion for summary judgment, seeking a declaration that Zurich's policy did provide UM coverage for Stephenson's injuries. The trial court rendered judgment granting Zurich's motion for summary judgment and denying State Farm's motion. State Farm has appealed, asserting six assignments of error.

OPINION

In 1996, the Louisiana Legislature amended La.Code Civ.P. art. 966 relative to summary judgments by the passage of Acts 1996, First Extraordinary Session, No. 9, and in doing so, added the following language:

The summary judgment procedure is designed to secure the just, speedy, and inexpensive determination of every action, except those disallowed by Article 969. The procedure is favored and shall be construed to accomplish these ends.

La.Code Civ.P. art. 966(A)(2) (emphasis added).

Prior to this amendment, summary judgments were traditionally not favored in the law and were to be used cautiously and sparingly. Houston Gen. Ins. Co. v. Commercial Union Ins. Co., 96-0379 (La.App. 1 Cir. 11/8/96); 682 So.2d 1341, writ denied, 96-2950 (La.1/31/97); 687 So.2d 409. However, this amendment did not change the well-settled law on summary judgments and only changed the persuasive nature of the motion before the court. Specifically, the amendment did not change the requirement that a summary judgment be rendered only "if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to material fact, and that mover is entitled to judgment as a matter of law." La.Code Civ.P. art. 966(B). As such, prior jurisprudence is still applicable in determining whether the mover has met his burden of proof. Henderson v. Maloid, 96-0285 (La.App. 1 Cir. 11/8/96); 683 So.2d 342, writ denied, 96-2901 (La.1/24/97); 686 So.2d 866.

The first step in our analysis is to examine the record and mover's supporting documents to determine if they are sufficient to resolve any genuine issues of material fact. Natchitoches Parish Hosp. Serv. Dist. v. Rachal, 94-995 (La.App. 3 Cir. 2/1/95); 649 So.2d 1152, writ denied, 95-0528 (La.4/7/95); 652 So.2d 1349. When the trial court is given a choice of reasonable inferences that could be drawn from the facts presented, it must view these inferences in the light most favorable to the party opposing the motion. Id. If this analysis finds the record and supporting documents to be insufficient, then the motion must be denied. Id. If, however, they are found to be sufficient, then the burden shifts to the opponent of the motion to present *861 evidence that there are material facts still at issue. Id.; La.Code Civ.P. art. 967. Prior to this time, the opponent may only rely on the allegations and denials contained in his pleadings. Id. The opponent's allegations must receive the benefit of the doubt and be considered as true when they conflict with the mover's assertions. Schroeder v. Board of Supervisors of La. State Univ., 591 So.2d 342 (La.1991).

State Farm contends that the trial court erred in six respects:

I. The Trial Court erred in considering extrinsic evidence, and specifically, the Affidavit of Eugene Freeman, an authorized representative of Xerox, in its determination that an insurance policy was "executed contemporaneously with the signing of the UM rejection on February 21, 1994" and in allowing the extrinsic evidence to be introduced for the purpose of divesting persons qualified as an insured of their rights under the express terms of the policy.
II. The Trial Court erred in ruling that the purported uninsured/underinsured motorist waiver by a representative of Xerox was valid.
III. The Trial Court erred in ruling that an attempted rejection on February 21, 1994 applied to an existing policy which became effective on January 1, 1994.
IV. The Trial Court erred in ruling that an endorsement dated March 29, 1994 (after February 21, 1994) did not create a new policy requiring a corresponding rejection.
V. The Trial Court erred in granting the Motion for Summary Judgment filed by Zurich as material issues of fact existed.
VI. The Trial Court erred in failing to find the insurance policy in question to contain an invalid uninsured motorist rejection/selection form and in failing to grant State Farm's Motion for Summary Judgment.

We find that the record and the documents filed in support of Zurich's motion for summary judgment are sufficient to resolve any material issues of fact and that State Farm did not present sufficient evidence to establish material facts at issue. Thus, we find no merit in State Farm's assignments of error and Zurich is entitled to judgment as a matter of law. Therefore, for the following reasons, we affirm the trial court's decision.

La.R.S.

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Cite This Page — Counsel Stack

Bluebook (online)
693 So. 2d 858, 1997 WL 209711, Counsel Stack Legal Research, https://law.counselstack.com/opinion/stephenson-v-van-vleit-lactapp-1997.