Wallace v. First Assur. Life of America

862 So. 2d 374, 2003 WL 22900907
CourtLouisiana Court of Appeal
DecidedDecember 10, 2003
Docket37,865-CA
StatusPublished
Cited by1 cases

This text of 862 So. 2d 374 (Wallace v. First Assur. Life of America) 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
Wallace v. First Assur. Life of America, 862 So. 2d 374, 2003 WL 22900907 (La. Ct. App. 2003).

Opinion

862 So.2d 374 (2003)

John R. WALLACE, Sr., Plaintiff-Appellee,
v.
FIRST ASSURANCE LIFE OF AMERICA, et al., Defendant-Appellant.

No. 37,865-CA.

Court of Appeal of Louisiana, Second Circuit.

December 10, 2003.

*376 Blanchard, Walker, O'Quin & Roberts by Paul M. Adkins, Shreveport, for First Assurance Life of America and Interstate Dodge, Inc.

Hugh Cameron Murray, Monroe, for Interstate Dodge Incorporated.

Travis M. Holley, Bastrop, for Appellee, John R. Wallace, Sr.

McGlinchey Stafford, PLLC, by Kayla Dye May, New Orleans, for Chase Manhattan Bank.

Before BROWN, PEATROSS & DREW, JJ.

PEATROSS, J.

Defendant, First Assurance Life of America ("First Assurance"), appeals the judgment of the trial court denying its motion for summary judgment and granting Plaintiff's, John R. Wallace, Sr., motion for summary judgment and awarding him $9,437.85 plus legal interest as the amount due under the credit disability insurance policy issued by First Assurance to Mr. Wallace. For the reasons stated herein, we affirm the judgment of the trial court.

FACTS

On June 24, 1996, Mr. Wallace purchased a new Dodge Ram pickup truck from Interstate Dodge, Inc. ("Interstate Dodge") in Monroe, Louisiana. Mr. Wallace financed $24,803.30 at a rate of interest of 11.25 percent through a retail installment contract with Interstate Dodge. The contract was subsequently assigned to Chase Manhattan Bank, Inc. ("Chase Manhattan"). The financing agreement was for a term of 60 months obligating Mr. Wallace to make 59 monthly payments each in the amount of $429.85 starting on July 24, 1996, and a 60th "balloon payment" on June 24, 2001, in the amount of $9,437.85. The agreement called for Mr. Wallace to make payments totaling $34,799. The amount financed included premiums for life and disability credit insurance, although the amount of the premium charged in the contract is unreadable due to the poor quality of the exhibits submitted by the parties.

It is clear, however, that, in conjunction with the financing agreement, Mr. Wallace also purchased a credit life and disability insurance policy to pay the financed debt in the event of his death or disability. According to Mr. Wallace's deposition, the applications for financing and insurance were handled by the same employee of Interstate Dodge. The policy was issued by First Assurance. The credit life portion of the policy designates the "Initial Amount of Insurance" to be $34,799, the total liability incurred by Mr. Wallace under the financing agreement. The policy further provides that the amount of insurance provided under the policy would decrease each month in an amount equal to the initial amount of the insurance ($34,799) divided by the total number of months in the term of the policy (60).

The disability portion of the policy obligates First Assurance to pay the "Monthly Disability Benefit" reflected on the certificate of insurance, or $429.85, if and when the insured becomes totally disabled. The benefits are for the duration of the insured's disability, but are not to exceed the aggregate amount of the "Initial Amount of Insurance" and are not to be paid beyond the term of the policy.

Approximately six months later, First Assurance issued a correction endorsement in which it purported to clarify the coverage afforded under its policy. Specifically, the endorsement amended the "initial amount of insurance" under the credit life portion of the policy to be $25,361.15 for a term of fifty-nine (59) months. This *377 change reflects an attempt to alter the credit life portion of the coverage by reducing the debt insured from the entire amount due under the terms of the financing agreement to the amount due minus the balloon payment. The credit disability coverage under the policy is restated in the correction endorsement as providing a "monthly disability benefit" of $429.85 which is unchanged from the coverage afforded under the initial certificate. First Assurance concedes, however, that, for the purposes of the parties' cross motions for summary judgment and this appeal, the original certificate of insurance governs the relationship between the parties.

On or about April 27, 2000, Mr. Wallace became totally disabled. His disability from April 27, 2000, through the remainder of the term of the disability insurance policy is not disputed. After receiving proof of the disability, First Assurance began to pay the monthly disability benefit to Chase Manhattan, Interstate Dodge's assignee of the retail installment contract. When First Assurance did not make the final balloon payment on the note, Mr. Wallace filed the instant action seeking payment of the balloon amount under the credit disability insurance portion of the policy. Also named as defendants in the action were Interstate Dodge, as agent of First Assurance, and Chase Manhattan Bank, the irrevocable beneficiary under the policy.

On April 1, 2002, First Assurance and Interstate Dodge filed a motion seeking summary judgment alleging that the provisions of the contract of insurance are unambiguous and clearly do not provide for the payment by First Assurance of the balloon amount due by Mr. Wallace to Chase Manhattan Bank. On April 17, 2002, Mr. Wallace filed an opposition to Defendants' motion for summary judgment and a cross motion for summary judgment. Mr. Wallace alleged that the unilateral attempt by First Assurance to modify the term of the credit life coverage to 59 months should be deemed void and, in any event, ineffective as to the term of the credit disability coverage. Mr. Wallace further argued that, because the retail installment contract provided for the 60th payment to be a balloon amount, First Assurance was obligated to make payment of the balloon amount.

The motions were argued before the trial court on April 23, 2002, after which the trial judge took the matters under advisement. On May 21, 2002, the trial judge issued oral reasons for judgment finding that the original contract of insurance was for the full term of the loan and covered the balloon payment. The trial judge further found that the subsequent attempt by the insurer to modify the term of the insurance policy was merely an attempt to avoid making payment on the balloon amount. Accordingly, the trial judge denied First Assurance's motion for summary judgment and granted summary judgment in favor of Mr. Wallace and awarded him the sum of $9,437.85 plus legal interest from the date of judicial demand. A judgment to this effect was signed by the trial court on July 15, 2002. An appeal was taken by First Assurance on July 24, 2002, but dismissed by this Court after the record was lodged because the judgment appealed was interlocutory and not certified as a final judgment. The parties subsequently filed a joint motion seeking certification, which was granted by the trial court in written reasons for judgment signed on April 21, 2003. A new motion for appeal was filed by First Assurance on April 29, 2003, and an order granting the appeal was signed on May 2, 2003.

DISCUSSION

First Assurance assigns as error the trial court's granting of summary judgment *378 in favor of Mr. Wallace and denying its own motion for summary judgment on the basis that the clear and unambiguous provisions in the contract of insurance do not extend coverage for payment of the balloon amount.

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

Related

Joyner v. Liprie
896 So. 2d 363 (Louisiana Court of Appeal, 2005)

Cite This Page — Counsel Stack

Bluebook (online)
862 So. 2d 374, 2003 WL 22900907, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wallace-v-first-assur-life-of-america-lactapp-2003.