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

758 So. 2d 1010, 2000 WL 626541
CourtLouisiana Court of Appeal
DecidedMay 15, 2000
Docket33,200-CA
StatusPublished
Cited by8 cases

This text of 758 So. 2d 1010 (Williams v. US Agencies Casualty Ins. Co., Inc.) 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
Williams v. US Agencies Casualty Ins. Co., Inc., 758 So. 2d 1010, 2000 WL 626541 (La. Ct. App. 2000).

Opinion

758 So.2d 1010 (2000)

Herman L. WILLIAMS and Eisibe Williams, Plaintiffs-Appellees,
v.
U.S. AGENCIES CASUALTY INSURANCE COMPANY, INC., et al., Defendants-Appellants.

No. 33,200-CA.

Court of Appeal of Louisiana, Second Circuit.

May 15, 2000.

*1012 Thomas E. Gibbs, Baton Rouge, Counsel for Defendants-Appellants.

Lawrence K. McCollum, Shreveport, Counsel for Plaintiffs-Appellees.

Before CARAWAY, PEATROSS and SAMS (Pro Tempore), JJ.

SAMS, J., Pro Tempore.

Following a bench trial, the District Court found, as a matter of law, that a "named driver" exclusion of an automobile insurance policy cannot exclude the named insured of a vehicle from coverage for the negligent operation of the insured vehicle. U.S. Agencies appeals this ruling and the resulting judgment granting damages to Plaintiffs, Herman and Eisibe Williams. The Williams answer the appeal, claiming that the damages awarded were inadequate. For the reasons expressed herein, we affirm.

Factual Background

On April 12, 1997, the Williams suffered personal injuries in a hit-and-run automobile accident between their vehicle and a 1980 Oldsmobile operated by William N. Beaudoin. Prior to trial, Beaudoin stipulated that he was the owner and operator of the vehicle involved in the collision with the Williams and that he was legally at fault. Although it was also stipulated that Beaudoin's vehicle was insured with U.S. Agencies in a policy issued November 22, 1996, this policy contained a "named driver" exclusion which purported to exclude him from insurance coverage under the policy. Relying on this exclusion to deny coverage, U.S. Agencies denied the Williams' claims and answered their subsequent lawsuit. The Williams also sued their UM insurer, Allstate, who denied coverage because the Williams had not proven the non-existence of responsible party's primary coverage, a prerequisite for their UM coverage to be invoked.

At trial, the District Court found, as a matter of law, that the "named driver" exclusion excluding Beaudoin from coverage was invalid and contrary to public *1013 policy, and granted judgment in the Williams' favor and against U.S. Agencies. Since the judgment was within Beaudoin's policy limits with U.S. Agencies, Allstate was dismissed. U.S. Agencies appeals this decision. In their answer, the Williams claim that the general damages awarded to them were inadequate and that they are each entitled to an award of consortium damages.

Discussion The "Named Driver" Exclusion

The compulsory insurance law, La. R.S. 32:861, requires that every motor vehicle registered in this state, with limited exceptions, be covered by an automobile liability policy. 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, 346 (La.App. 2d Cir.), writ denied, 440 So.2d 754 (1983). Generally, insurance companies are free to limit coverage in any manner they so desire, so long as the limitations do not conflict with statutory provisions or public policy. Block v. Reliance Ins. Co., 433 So.2d 1040, 1044 (La.1983); Oceanonics, Inc. v. Petroleum Distrib. Co., 292 So.2d 190 (La.1974). Exclusions, however, are to be strictly construed against an insurer and any ambiguity is construed in favor of coverage. Ledbetter v. Concord General Corp., 95-0809, (La.1/6/96), 665 So.2d 1166, amended, (La.4/18/96), 671 So.2d 915.

In making its argument that the "named driver"exclusion of Beaudoin's policy was valid, U.S. Agencies does not deny that La. R.S. 32:900 B(2) provides that all automobile owner's liability policies in this state:

Shall insure the person named therein and any other person, as insured, using any such motor 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 ...

Similarly, U.S. Agencies does not deny that historically, the exclusion of a named driver who was a member of the insured's household was considered unenforceable on public policy grounds. U.S. Agencies points out, however, that La. R.S. 32:900 was amended in 1992 by the addition of subsection L which created an exception to this jurisprudence, providing that:

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 who is a resident of the same household as the named insured.

In support of its argument, U.S. Agencies notes that section L has been upheld against public policy challenges where a policy holder attempted to exclude a member of his household. See, e.g., Bellard v. Johnson, 97-0909 (La.5/30/97), 694 So.2d 225. As such, U.S. Agencies claims that section L should similarly apply to the named insured because he "is a resident of the same household as the named insured." In its supplemental brief, in further support of its position, U.S. Agencies cites Smyre v. Progressive Security Ins. Co., 98-518, (La.App. 5th Cir. 12/16/98), 726 So.2d 984, writ denied, 99-0139 (La.6/4/99), 745 So.2d 14, a Fifth Circuit case which upheld a similar exclusion. Reasoning that it would be unreasonable to require a person to pay premiums to cover a vehicle owner who cannot drive due to incapacity or a legal impediment, the Fifth Circuit concluded that such an exclusion was not prohibited by the compulsory insurance law or public policy.

Although Smyre is the only reported case directly addressing this issue, we do not agree with the overly broad construction of the term "any named person" in subsection L as suggested by U.S. Agencies or the Fifth Circuit. La. R.S. 32:900 B(2) clearly requires, inter alia, that a policy provide coverage for "the person *1014 named therein"—the named insured. Subsection L refers specifically to the exclusion of coverage "for any named person" who is a "resident of the same household as the named insured"which clearly contemplates that the excluded person be distinct from the "named insured" yet still a resident of his household, as distinguished from a permissive user who would be covered under La. R.S. 32:900 B(2). See, Safeway Ins. Co. v. Johnson, 28,150 (La.App. 2d Cir. 1/24/96), 666 So.2d 1300 (construing subsection L as creating a right for a named insured alone to exclude other members of his household from coverage.) As such, U.S. Agencies' interpretation of this section requires a semantic leap requiring a conclusion that the legislature intended that the named insured fall under the "any person" language of subsection L, a conclusion we are unwilling to make in this case. Put simply, had the legislature intended to permit a named insured to contract out of his own liability, it could easily have done so in unambiguous terms.

Analogous jurisprudence regarding the issuance of policies excluding coverage for unlicensed drivers has held that such exclusions, when they operate to exclude the named insured because he had an invalid driver license, are unenforceable because they contravene the purpose of La. R.S. 32:900 B(2) and La. R.S. 22:655 D, which is to provide compensation for persons injured by the operation of insured vehicles. Adams v. Thomas, 98-2003 (La.4/13/99), 729 So.2d 1041.

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Cite This Page — Counsel Stack

Bluebook (online)
758 So. 2d 1010, 2000 WL 626541, Counsel Stack Legal Research, https://law.counselstack.com/opinion/williams-v-us-agencies-casualty-ins-co-inc-lactapp-2000.