Tate v. Hanover Ins. Co.

526 So. 2d 1302, 1988 WL 35405
CourtLouisiana Court of Appeal
DecidedApril 21, 1988
Docket87-244
StatusPublished
Cited by9 cases

This text of 526 So. 2d 1302 (Tate v. Hanover 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
Tate v. Hanover Ins. Co., 526 So. 2d 1302, 1988 WL 35405 (La. Ct. App. 1988).

Opinion

526 So.2d 1302 (1988)

Marceline TATE, Plaintiff-Appellant,
v.
HANOVER INSURANCE COMPANY, et al. (Rockwood Insurance Co.), Defendant-Appellee.

No. 87-244.

Court of Appeal of Louisiana, Third Circuit.

April 21, 1988.

Vincent J. Saitta, Lafayette, for plaintiff-appellant.

Plauche, Smith & Nieset, Michael J. McNulty, III, Lake Charles, William Aubrey, Lafayette, for defendant-appellee.

Before FORET and LABORDE, JJ., and REGGIE, J. Pro Tem.[*]

*1303 EDMUND M. REGGIE, Judge Pro Tem.

There are two main issues raised in this appeal: (1) whether, under the facts of this case, a corporation properly excluded from insurance coverage corporation-owned vehicles involved in accidents in which a named employee of the corporation was driving; and (2) if so, whether there nevertheless exists uninsured motorist coverage for the benefit of such employee.

SUMMARY

Plaintiff's son was driving an 18-wheel tractor-trailer truck for his employer, acting within the course and scope of his employment, when an automobile driven by an uninsured motorist ignored a stop sign and red flashing light and collided with the truck. Plaintiff's son and two passengers in the other vehicle were killed as a result of the collision.

Plaintiff filed suit against the insurer of her son's employer, seeking to collect on her deceased son's behalf under the uninsured motorist provisions of the policy. The insurance company denied coverage, citing a specific exclusion in the policy for any losses or damages sustained while a motor vehicle owned by the employer was driven by Plaintiff's son.

At the conclusion of a trial on the issue, the lower court held that the corporate employer validly excluded Plaintiff's son from coverage under its policy and that uninsured motorist coverage under the employer's policy was unavailable to the deceased. We find no clear error in that judgment and accordingly affirm.

FACTS

On August 16, 1982, Norris Tate, an employee of Godeaux and Ardoin Trucking, Inc., a Louisiana corporation (Trucking Company), was driving an 18-wheel tractor trailer truck within the course and scope of his employment. The tractor trailer truck was struck by a car driven by Clarence Hebert, when Hebert failed to stop at a stop sign and flashing red light.

Norris Tate and two passengers in the Hebert vehicle were killed as a result of the accident. Mr. Hebert was an uninsured motorist. Mrs. Marceline Tate, the mother of Norris Tate filed suit against the Hanover Insurance Company (Hanover), the Trucking Company's vehicle insurer, seeking to collect damages under the uninsured motorist provisions of the Company's policy.[1]

Prior to the accident, however, Nelson Godeaux, President of the Trucking Company, had signed a policy endorsement that excluded Norris Tate from coverage under Hanover's policy. The endorsement, identified in the policy as Endorsement No. 6, provides as follows:

EXCLUSION OF NAMED DRIVER
In consideration of the premium at which the policy is written, it is agreed that the company shall not be liable and no liability or obligation of any kind shall attach to the company for losses or damages sustained while any motor vehicle insured hereunder is driven or operated by Norris Tate.

The critical issues in this case revolve around the validity of the endorsement and the scope of the exclusion of coverage for Norris Tate.

The Trucking Company is a closely-held corporation, with Nelson Godeaux and Carrol Ardoin each owning 50% of the outstanding stock of the Company. Nelson Godeaux is the President and General Manager of the Trucking Company and Carrol Ardoin is the Secretary-Treasurer. Godeaux, who has very little education and would be classified as illiterate except that he can sign his name and recognize a few words, handles the day-to-day business affairs of the Company and works full-time for the Company. Ardoin, on the other hand, has full-time employment outside of the Trucking Company but because of his education and experience, generally handles the bookkeeping, banking, business *1304 and insurance transactions for the Company. The Company is run quite informally, and, as with many closely-held corporations, its business affairs are conducted without formal resolutions, meetings, minutes and the like.

Prior to and at the time of the Tate accident, the insurance business of the Trucking Company was handled by the E.A. Veillon Agency (Veillon). According to testimony produced at trial and accepted as true by the lower court, Hanover requested through Veillon for several years that the Trucking Company exclude Norris Tate from coverage under the policy because of his poor driving record.

Mr. Courville Fontenot was primarily responsible for the Trucking Company account until his departure from Veillon in February, 1982. During the period of his employment, however, Fontenot discussed Hanover's desire for the exclusion with Ardoin. After Fontenot left Veillon, the matter eventually was turned over to Nikki Tolar who was supervised by Sue Lafleur.

Tolar testified at trial that she made three separate telephone calls to Ardoin concerning the endorsement, and that he repeatedly said that he was going to come in to sign it, but never did. According to Tolar's testimony, Ardoin told her during their last telephone conversation that he was too busy to sign and that she should ask Godeaux to do it instead. While Ardoin gave vague and conflicting testimony on this point during trial, the lower court specifically held, based on his first-hand observation of the witnesses, that Tolar's testimony was more credible.

Tolar further testified that she subsequently called Godeaux on two separate occasions to come in and sign the endorsement; that he came into the agency after the second call and signed it; that she explained to him prior to his signing that the endorsement excluded all coverage for Norris Tate under the Hanover policy; that she had no reason to believe that Godeaux, the president, was unauthorized to sign for the Trucking Company; that Godeaux had no questions after her explanation of the endorsement; that she exerted no force or pressure on Godeaux to sign the endorsement; and that she did not know that Godeaux could not read and write. Her testimony was confirmed by Sue Lafleur, who witnessed the signing. Godeaux testified that he did not remember the details of the signing. Based on first-hand observation of the witnesses, the lower court accepted as true the testimony of Nikki Tolar.

OPINION

We turn first to the issue of whether the Trucking Company validly excluded Norris Tate from its policy with Hanover. According to the facts as determined at trial, employees of Veillon discussed the exclusion of Tate at length with Ardoin, who then instructed Godeaux, his co-owner and the President and General Manager of the Company, to execute the endorsement excluding Tate on behalf of the Company.

We will only disturb factual findings by the lower court if they are manifestly erroneous. Ragas v. Argonaut, 388 So.2d 707 (La.1980); Canter v. Koehring, 283 So.2d 716 (La.1973). The lower court in the instant case had the opportunity to observe first-hand the demeanor of the witnesses and to evaluate their credibility. We find no clear error in those factual determinations and accordingly affirm them.

Given the facts as adduced at trial, we must determine whether a formal board meeting and directors' resolution were necessary before the Trucking Company could validly exclude Norris Tate as an insured under its policy.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Richard v. Glaude
10 So. 3d 1248 (Louisiana Court of Appeal, 2009)
Darryl W. Richard v. Leanna Marie Glaude
Louisiana Court of Appeal, 2009
Venable v. US Fire Ins. Co.
829 So. 2d 1179 (Louisiana Court of Appeal, 2002)
McManus v. Southern United Fire Insurance
801 So. 2d 392 (Louisiana Court of Appeal, 2001)
McManus v. Southern United Fire Ins.
801 So. 2d 392 (Louisiana Court of Appeal, 2001)
Cartinez v. Reliable Amusement Co., Inc.
746 So. 2d 246 (Louisiana Court of Appeal, 1999)
Barrilleaux v. Franklin Foundation Hosp.
683 So. 2d 348 (Louisiana Court of Appeal, 1996)
Plaisance v. Fogg
568 So. 2d 1119 (Louisiana Court of Appeal, 1990)
Rodriguez v. Continental Cas. Co.
551 So. 2d 45 (Louisiana Court of Appeal, 1989)
Tate v. Hanover Insurance Co.
530 So. 2d 569 (Supreme Court of Louisiana, 1988)

Cite This Page — Counsel Stack

Bluebook (online)
526 So. 2d 1302, 1988 WL 35405, Counsel Stack Legal Research, https://law.counselstack.com/opinion/tate-v-hanover-ins-co-lactapp-1988.