Williams v. US Agencies Cas. Ins. Co., Inc.

779 So. 2d 729, 2001 La. LEXIS 631, 2001 WL 170416
CourtSupreme Court of Louisiana
DecidedFebruary 21, 2001
Docket2000-C-1693
StatusPublished
Cited by18 cases

This text of 779 So. 2d 729 (Williams v. US Agencies Cas. Ins. Co., Inc.) is published on Counsel Stack Legal Research, covering Supreme Court of Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Williams v. US Agencies Cas. Ins. Co., Inc., 779 So. 2d 729, 2001 La. LEXIS 631, 2001 WL 170416 (La. 2001).

Opinion

779 So.2d 729 (2001)

Herman WILLIAMS and Eisibe Williams
v.
US AGENCIES CASUALTY INSURANCE COMPANY, INC. et al.

No. 2000-C-1693.

Supreme Court of Louisiana.

February 21, 2001.

Thomas E. Gibbs, Baton Rouge, Counsel for Applicant.

Zelda W. Tucker, John W. Wilson, Shreveport, Counsel for Respondent.

JOHNSON, Justice.[1]

We granted certiorari to resolve a conflict among our circuit courts as to whether LSA-R.S. 32:900(L) permits a "named insured" to exclude himself from coverage by listing himself as an "excluded driver" under the automobile policy purchased by him to insure his automobile. Contrary to the 5th Circuit Court of Appeal's holding in Smyre v. Progressive Security Insurance Company, 726 So.2d 984 (La.App. 5 Cir.1998), which held that public policy does not prohibit such an exclusion, the District Court and the 2nd Circuit Court of *730 Appeal, in the instant case, held that such an exclusion was indeed against public policy. For the reasons stated herein, we affirm the lower courts' findings that La. R.S. 32:900(L) cannot be interpreted to allow the named insured to exclude himself as an insured operator under his automobile liability policy, as it is against public policy.

FACTS AND PROCEDURAL HISTORY

On April 12, 1997, plaintiffs, Herman L. Williams and Eisibe Williams, were injured in a "hit and run" automobile collision between their vehicle and a 1980 Oldsmobile owned and operated by defendant, William N. Beaudoin.[2] Plaintiffs filed suit against defendant, U.S. Agencies Casualty Insurance Company, Inc. (U.S. Agencies), alleging that it provided Beaudoin automobile liability insurance coverage at the time of the accident. Prior to trial, Beaudion stipulated that he was the owner and operator of the vehicle involved in the collision and that he was legally at fault. It was also stipulated that Beaudoin's vehicle was insured with U.S. Agencies in a policy issued November 22, 1996. However, Beaudoin signed a "named driver" exclusion which purported to exclude Beaudoin from insurance coverage under his own policy. Relying on this exclusion, U.S. Agencies denied liability for the damages sustained on the ground that Beaudoin was excluded as a driver under the insurance policy obtained by him. Plaintiffs also sued their UM insurer, Allstate, who denied coverage because plaintiffs had not proven the non-existence of the responsible party's primary coverage, a prerequisite for their UM coverage to be invoked.

The District Court found, as a matter of law, that the "named driver" exclusion, excluding Beaudoin from coverage, was invalid and contrary to public policy, and granted judgment in favor of plaintiffs and against U.S. Agencies. The District Court reasoned that insurance companies cannot eliminate or modify the requirement that insurance policies provide coverage for the negligence of the named insured. US Agencies appealed this ruling and the resulting judgment granting damages to plaintiffs. The plaintiffs answered the appeal, claiming that the damages awarded were inadequate.

The court of appeal affirmed the ruling of the District Court, also finding that the "named driver" exclusion excluding the named insured, Beaudoin, was contrary to public policy. The court of appeal also affirmed the District Court's ruling as to the damages awarded to plaintiffs.[3] We granted certiorari to determine the correctness of the lower courts' decision.[4]Williams v. U.S. Agencies Casualty Insurance Co., XXXX-XXXX (La.9/29/00), 769 So.2d 1217.

DISCUSSION

Louisiana's compulsory insurance law, La. R.S. 32:861, requires that every motor vehicle registered in this state, with limited exception, be covered by either an automobile liability policy, a liability bond or a certificate of selfinsurance. The purpose of this compulsory law is not to protect the vehicle owner or operator against liability, but to provide compensation for persons injured by the operation of insured vehicles. Fields v. Western Preferred Cas. Co., 437 So.2d 344 (La.App. *731 2 Cir.1983), writ denied, 440 So.2d 754 (La.1983). Generally, insurance companies are free to limit coverage in any manner they so desire. However, an insurer is not at liberty to limit its liability and impose conditions upon its obligations that conflict with statutory law or public policy. Block v. Reliance Ins. Co., 433 So.2d 1040 (La. 1983); Oceanonics, Inc. v. Petroleum Distrib. Co., 292 So.2d 190 (La.1974). Exclusionary provisions are to be strictly construed in favor of coverage. Ledbetter v. Concord General Corp., 95-0809 (La.1/6/96), 665 So.2d 1166, amended, 95-0809 (La.4/18/96), 671 So.2d 915.

LSA-R.S. 32:900B(2) requires that a policy of insurance issued to a named insured/owner provide liability insurance coverage to the owner of said vehicle covered under the policy. The statute reads, in pertinent part:

B. Such owner's policy of liability insurance:
* * *
(2) Shall insure the person named therein and any other person, as insured, using any such vehicle or motor vehicles with the express or implied permission of such named insured against loss from the liability imposed by law for damages arising out of the ownership, maintenance, or use of such motor vehicle or motor vehicles within the Unites States of America or the Dominion of Canada, subject to limits exclusive of interest and costs with respect to each such motor vehicle as follows:
(Emphasis Added).

La. R.S. 32:900B(2)

Louisiana courts have historically held that the exclusion of a named driver who was a member of the insured's household was considered unenforceable on public policy grounds. However, La. R.S. 32:900 was amended in 1992 by the addition of subsection L which provides:

L. Notwithstanding the provisions of Paragraph B(2) of this Section, an insurer and an insured may by written agreement exclude from coverage any named person which is a resident of the same household as the named insured.

The 1992 amendment expressly overruled the jurisprudence and thereafter validated an agreement between the insurer and insured which excluded coverage of a particular named person who is a member of the insured's household. This court has stated that the purpose of this provision is to allow the named insured the option of paying a reduced premium in exchange for insurance that affords no coverage while a covered vehicle is operated by the excluded driver. Joseph v. Dickerson, 99-1046, 99-1188 (La.1/19/00), 754 So.2d 912. Since the enactment of subsection L, this Court has upheld named driver exclusions which excluded members of the insured's household from coverage under the policy. See Bellard v. Johnson, 96-0909 (La.1997), 694 So.2d 225 (in which the named insured excluded his spouse). See also Green v. Bailey, 29,759 (La.App. 2 Cir. 8/20/97), 698 So.2d 715 (in which the named insured excluded his son) and Carter v. Patterson, 96-0111 (La.App. 4 Cir.5/22/96), 675 So.2d 736 (in which the named insured excluded his daughter).

The issue before us today is whether the legislature intended that the 1992 amendment to La. R.S. 32:900 permit an insured to exclude from coverage, not only members of the insured's household, but also the owner of the policy and vehicle insured thereunder. US Agencies contends that this was indeed the intention of the legislature. It argues that the use of the word "any"

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Bluebook (online)
779 So. 2d 729, 2001 La. LEXIS 631, 2001 WL 170416, Counsel Stack Legal Research, https://law.counselstack.com/opinion/williams-v-us-agencies-cas-ins-co-inc-la-2001.