Willis v. State Farm Mutual Automobile Insurance Co.

747 So. 2d 682, 99 La.App. 3 Cir. 708, 1999 La. App. LEXIS 3034, 1999 WL 994205
CourtLouisiana Court of Appeal
DecidedNovember 3, 1999
DocketNo. 99-708
StatusPublished

This text of 747 So. 2d 682 (Willis v. State Farm Mutual Automobile Insurance 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
Willis v. State Farm Mutual Automobile Insurance Co., 747 So. 2d 682, 99 La.App. 3 Cir. 708, 1999 La. App. LEXIS 3034, 1999 WL 994205 (La. Ct. App. 1999).

Opinion

|,YELVERTON, J.

State Farm Mutual Automobile Insurance Company (State Farm) was cast in judgment for personal injury damages in excess of its policy limits. State Farm’s insured was not a defendant in the case, the suit having been filed as a direct action against the insurer alone. There were two reasons why the judgment was rendered in excess of the policy limits. First, the actual damages as to one of the plaintiffs, Michael Dipuma, justified the award, and second, State Farm failed to put on its coverage limitations: it neither pleaded its policy limits nor did it introduce the policy into evidence. As a consequence the judgment for $33,180.81 in favor of the plaintiff | PMichael Dipuma (less 25 percent comparative fault) exceeded State Farm’s policy limitation of $10,000 per person as well as the limitation of $20,000 per accident.

State Farm filed a motion to correct the judgment and in the alternative for a new trial. The motion was based on two grounds: the judgment did not reflect the policy limits nor did it give credit for amounts previously paid to the plaintiffs by State Farm ($1,202.88 to Dipuma and $400 to Kathy Willis, the other plaintiff) before suit was filed. The trial judge granted the motion as to the credits for previous payments, the evidence of which was already in the record, and ordered a new trial as to the policy limitations to allow State Farm to introduce the policy. The policy was introduced at the new trial, and a judgment was then rendered recognizing not only the credits but also State Farm’s limits of liability.

Michael Dipuma appealed. He complains that there was no good ground for a new trial and that we should reverse and allow him to recover from State Farm as if there were no policy limits. He does not dispute the credits for previous payments.

ISSUE

The issue is whether the trial court abused its discretion in granting a new trial to allow the introduction of the policy.

STANDARD OF REVIEW

A trial court has virtually unlimited discretion to grant a new trial when it is convinced that a miscarriage of justice has resulted and, unless an abuse of discretion can be demonstrated, a trial court’s action in granting or denying a new trial on 13discretionary grounds will not be reversed. Louisiana Code of Civil Proce[684]*684dure art.1973; Watson v. Nelson, 97-474 (La.App. 3 Cir. 10/29/97); 702 So.2d 1002, writ denied, 97-2958 (La.2/6/98); 709 So.2d 738.

PROCEDURAL AND OTHER FACTS

Michael Dipuma was a guest passenger in a vehicle that was involved in an automobile accident with another vehicle operated by Roni C. Gill (Mrs. Gill). Dipuma (and the other plaintiff) sued State Farm for damages. Article 7 of their petition alleged that State Farm had issued a policy of public automobile liability insurance to Ronald C. Gill (Mrs. Gill’s husband), it was in full force and effect, and “it provided coverage for the damages complained of herein.”

In their petition, the plaintiffs also requested that State Farm be ordered to produce for inspection the original or certified copy of any policies of insurance providing coverage for the damages sued upon. An order was attached to the petition and signed by the district judge ordering State Farm to produce the policy for inspection within thirty days of August 22, 1994. State Farm never produced the policy.

In article 7 of its answer to the petition, State Farm admitted that it had issued a policy that was in full force and effect, “and further that said policy is the best evidence of its contents, provisions and limitations all of which are especially pled herein.” The transcribed record of the trial on the merits was not sent to us, but the minutes were, and according to the minutes there was a stipulation that “State Farm 1¿had issued a policy to insured and the policy was in effect on the date of the accident.”

On the same day that the answer was filed, State Farm moved for summary judgment on the ground that it had paid and settled with the plaintiffs and they had executed releases. Both at the summary judgment stage and later at the trial on the merits, these releases, which had been signed by Dipuma and the other plaintiff three days after the accident and purported to release State Farm, Ronald Gill and Roni Gill, the owner and driver respectively of State Farm’s insured vehicle, made up the most serious issue in the contest. The releases were in writing and showed a consideration of $1,202.88 paid to Dipuma and $400 paid to the other plaintiff. Finding a disputed issue of material fact, the trial judge denied the motion for summary judgment. The effect of the releases was then tried with the merits of the tort suit. In his written reasons for judgment after the trial on the merits, the trial judge regarded the effect of the releases as the “most serious issue in this case.” The trial judge ruled against State Farm on this issue finding that, while the State Farm adjuster was not guilty of any fraud or improper conduct, there was evidence that the plaintiffs reasonably thought that they were signing releases for something less than full settlement.

The trial judge then decided the questions of liability, apportionment of fault, and damages. Dipuma was awarded a total of $33,180.81, and the other plaintiff was awarded $10,809.65. Both awards were reduced by 25% based on a comparative fault finding.

Is After the judgment on the merits was rendered, State Farm acquiesced in the rulings as to the releases, liability, apportionment of fault, and the amount of damages. The relief that it sought, as explained earlier, was a new trial and reduction of its liability, in Dipuma’s case, by the amount of the $1,202.88 it had already paid and its limitation of maximum liability to $10,000.

In its reasons for judgment granting the new trial for the purpose of allowing the introduction of the policy, the trial court stated that it was “apparent to the Court ... that all of the parties were referring to the policy of insurance that Ronald Gill had purchased from State Farm and that this policy should be introduced and made part of these proceedings.” Based on how [685]*685this case was developed and how it was tried, we interpret these trial court observations to mean that the trial court believed that all parties knew what the policy limitations actually were. We think the trial judge meant that no one was mislead, everybody knew what the policy limits were, and the absence of the policies in the record was a mere technicality.

MERITS

We are being asked to find that the trial court abused its discretion in granting a new trial to State Farm. The permissive range of the trial court’s discretion in this kind of matter is, as we have pointed out earlier, virtually unlimited. We need formidable reasons indeed to find an abuse of discretion.

The appellant relies on the case of Williams v. Bernard, 425 So.2d 719 (La. 1983), because of its similar facts. An insurer failed to introduce evidence of the policy limits and the trial court rendered judgment in favor of a plaintiff in excess of Lthe policy limits. The denial of a motion for a new trial was affirmed in Williams. The court found that it was the deliberate choice of the insurer’s trial attorney to withhold evidence of the policy limits as a trial tactic, and not a case where justice was thwarted by the excusable neglect or inadvertence of trial counsel by his failure to introduce a crucial item of evidence.

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Related

Watson v. Nelson
702 So. 2d 1002 (Louisiana Court of Appeal, 1997)
Williams v. Bernard
425 So. 2d 719 (Supreme Court of Louisiana, 1983)
Hebert v. Doctors Memorial Hosp.
477 So. 2d 1227 (Louisiana Court of Appeal, 1986)
Hebert v. Doctors Memorial Hosp.
486 So. 2d 717 (Supreme Court of Louisiana, 1986)
Succession of Robinson
172 So. 429 (Supreme Court of Louisiana, 1936)

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Bluebook (online)
747 So. 2d 682, 99 La.App. 3 Cir. 708, 1999 La. App. LEXIS 3034, 1999 WL 994205, Counsel Stack Legal Research, https://law.counselstack.com/opinion/willis-v-state-farm-mutual-automobile-insurance-co-lactapp-1999.