Williams v. Watson

779 So. 2d 105, 0 La.App. 4 Cir. 0606, 2001 La. App. LEXIS 206, 2001 WL 125885
CourtLouisiana Court of Appeal
DecidedJanuary 24, 2001
DocketNo. 20000-CA-0606
StatusPublished
Cited by1 cases

This text of 779 So. 2d 105 (Williams v. Watson) 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. Watson, 779 So. 2d 105, 0 La.App. 4 Cir. 0606, 2001 La. App. LEXIS 206, 2001 WL 125885 (La. Ct. App. 2001).

Opinion

h JONES, Judge.

Defendant/appellant, Allstate Insurance Company (Allstate) appeals the judgment of the district court, which denied its Motion for Summary Judgment and certified the judgment as a final, appealable judgment. Following a review of the record, we affirm the judgment of the district court.

FACTS

Defendant, Patricia Watson, executed a six-month insurance policy with Allstate on April 19, 1995, which was to expire on October 20, 1995. As part of her agreement with Allstate, Ms.- Watson specifically excluded coverage for her son, Donald Watson, and her daughter, Monica Watson-both of whom were living at Ms. Watson’s residence on April 19, 1995. Additionally, both of the excluded drivers were unmarried and under the age of 25 at the time Ms. Watson executed the exclusion endorsement. As a result of excluding both of her children from coverage, Ms. Watson received a reduction in her premiums.

Shortly thereafter, Ms. Watson rented a 1995 Plymouth Neon from Swifty Car Rental & Leasing Inc. (Swifty) because her vehicle was in need of repairs. |PBased upon the rental agreement, Ms. Watson had the option to either purchase additional insurance through Swifty’s insurer, Northfield Insurance Company (Northfield), or allow her current insurer, Allstate, to furnish coverage for the rented vehicle. Ms. Watson chose the latter.

On October 16, 1995, Donald Watson, while operating the Plymouth Neon, rear-ended the plaintiff, Jodi Kelley Williams, on the Elysian Fields Avenue overpass in New Orleans. On October 4, 1996, Ms. Williams filed a Petition for Damages al[107]*107leging that she sustained multiple injuries from the above incident. In her petition, Ms. Williams named Donald Watson, Allstate, the insurer for the leased vehicle, Swifty, Northfield, Swifty’s liability insurer, and State Farm Insurance Company (State Farm), Ms. Williams’ liability insurer, as defendants in this action.

On August 12, 1999, Allstate filed a Motion for Summary Judgment, alleging that in light of the named driver exclusion executed by Ms. Watson on April 19, 1995, Allstate was not legally responsible for any damages caused while Donald Watson was operating the leased vehicle. On August 27, 1999, State Farm tendered its policy limits to its insured, Jodi Williams. On September 22, 1999, State Farm filed a Third Party Demand against Allstate, seeking reimbursement for all monies paid to the plaintiff as a result of the incident in October 1995.

On September 24, 1999, a hearing was conducted on Allstate’ Motion for | oSummary Judgment. After oral arguments, the district court denied the Motion for Summary Judgment and certified its judgment as final and appealable.1 From this judgment, Allstate filed the instant appeal.

STANDARD OF REVIEW

A motion for summary judgment will be granted “if the pleading, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue of material fact, and that mover is entitled to judgment as a matter of law.” LSA C.C.P. art. 966(B). Hardy v. Bowie, 98-2821 (La.9/8/99), 744 So.2d 606, 609. Appellate courts review a motion for summary judgment de novo, and will not overrule the district court’s findings unless the plaintiff can present evidence of a material factual dispute. Id. (Emphasis added). The dispute must show that the existence or nonexistence of the contested fact(s) may be essential to the plaintiffs cause of action under the applicable theory of recovery. Smith v. Our Lady of the Lake Hosp. Inc., 93-2512 (La.7/5/94), 639 So.2d 730. See also Encalade v. United Ins. Co. of America, 99-0085 (La.App. 4 Cir. 6/2/99), 735 So.2d 954.

DISCUSSION

The sole issue before this Court is whether the named driver exclusion exonerates Allstate from liability when Donald Watson struck the plaintiffs vehicle during the policy period?

Plaintiff argues that the district court was correct in denying the Motion for Summary Judgment because at the time of the collision Donald Watson was no plonger residing in Mrs. Watson’s home. Therefore, because Donald Watson was a “non-resident,” Allstate is obligated to insure Ms. Watson against any and all damages caused to the plaintiff from the incident in question. Moreover, the plaintiff argues that this case is analogous to the facts in Johns v. Cloud, 96-1459 (La.App. 3 Cir. 5/7/97), 696 So.2d 12, whereby the Third Circuit reversed the district court-which originally granted the motion-and denied the Motion for Summary Judgment.

In rebuttal, Allstate argues that Donald Watson’s domicile at the time of the accident is irrelevant since the exclusion at issue was not dependent upon where he lived when the damages occurred. Allstate also argues that the holding in Johns is not dispositive of the instant case. However, Allstate contends that this Court’s decree in Treadaway v. Progressive Northwestern Ins., 97-2356 (La.App. 4 Cir. 9/9/98), 720 So.2d 693, writ denied 98-2578 (La.12/18/98), 732 So.2d 528, is controlling. Moreover, Allstate contends that the district court erred when it stated that the insurance contract conflicted with Louisiana’s Motor Vehicle Safety Responsibility Law. We disagree.

[108]*108 a. Exclusion Endorsement

According to the record, the Named Driver Exclusion Endorsement contained the following language:

I authorize the person(s) listed below to be excluded from my insurance policy. THIS MEANS THAT NONE OF THE COVERAGES AFFORDED BY THE POLICY WILL APPLY TO ANY DAMAGES, LOSSES, OR CLAIMS OF ANY PERSON OR ORGANIZATION CAUSED WHILE ANY MOTOR VEHICLE IS BEING USED OR OPERATED BY THE EXCLUDED DRIVER(S) LISTED BELOW EXCEPT AS PROVIDED IN THE FOLLOWING PARAGRAPH. This I..¡exclusion applies regardless of any provisions in the auto policy defining insured Persons. (Emphasis added).
I understand that this exclusion will not apply to me, my spouse or a resident relative (even if such spouse or resident relative is an excluded driver(s) listed below) for any claim made under the Uninsured Motorists Insurance (Coverage SS) afforded by the policy for injuries to me, my spouse or such resident relative while a passenger 'in any motor vehicle being used or operated by an excluded driver(s) listed below.

When words of a contract are clear and explicit and lead to no absurd consequences, no further interpretation may be made in search of the parties’ intent. LSA C.C. art. 2046; Addison v. Regional Transit Authority, 97-2289, 97-2876 (La.App. 4 Cir. 12/3/97), 703 So.2d 810. Additionally, the language of the contract does not have to be simple or easy to be free of ambiguities. See Ellsworth v. West, 95-0988 (La.App. 4 Cir. 1/19/96), 668 So.2d 402, writ denied, 96-0383 (La.3/22/96), 669 So.2d 1212.

Pursuant to the reading of the endorsement, Allstate is relieved of any liability relative to injuries caused to any person while the insured vehicle was being operated by the excluded driver. However, the exclusion would not apply if the named insured, the insured’s spouse or a resident relative were injured as a passenger in the insured vehicle that the excluded driver was operating. In other words, if Ms.

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Related

Williams v. Watson
798 So. 2d 55 (Supreme Court of Louisiana, 2001)

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Bluebook (online)
779 So. 2d 105, 0 La.App. 4 Cir. 0606, 2001 La. App. LEXIS 206, 2001 WL 125885, Counsel Stack Legal Research, https://law.counselstack.com/opinion/williams-v-watson-lactapp-2001.