Yarbrough v. Federal Land Bank of Jackson

731 So. 2d 482, 1999 La. App. LEXIS 844, 1999 WL 174828
CourtLouisiana Court of Appeal
DecidedMarch 31, 1999
Docket31,815-CA
StatusPublished
Cited by35 cases

This text of 731 So. 2d 482 (Yarbrough v. Federal Land Bank of Jackson) 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
Yarbrough v. Federal Land Bank of Jackson, 731 So. 2d 482, 1999 La. App. LEXIS 844, 1999 WL 174828 (La. Ct. App. 1999).

Opinion

731 So.2d 482 (1999)

George C. YARBROUGH, et al., Plaintiffs-Appellants,
v.
The FEDERAL LAND BANK OF JACKSON, et al., Defendants-Appellees.

No. 31,815-CA.

Court of Appeal of Louisiana, Second Circuit.

March 31, 1999.

*484 Theus, Grisham, Davis & Leigh by Phillip D. Myers, Monroe, Counsel for Appellant, Liberty Mutual Ins. Co.

Mayer, Smith & Roberts by Steven E. Soileau, Shreveport, Counsel for Appellee, U.S. Fire Ins. Co.

F. Scott Kaiser, Rebecca Crawford, Baton Rouge, Counsel for J. Burns Wright.

Samuel T. Singer, Winnsboro, Counsel for Clovis C. Bringol.

Cotton, Bolton, Hoychick & Doughty by John Hoychick, Jr., Rayville, Counsel for Dallas Thomason.

W. Brian Babin, Baton Rouge, Counsel for Estate of Warner Bruner.

Before NORRIS, C.J., and KOSTELKA and DREW, JJ.

NORRIS, Chief Judge.

In this breach-of-contract and tort action against the Federal Land Bank of Jackson and several of its officers and directors, the bank's insurer, Liberty Mutual Insurance Company ("Liberty"), appeals a summary judgment finding that it has a duty to defend the defendant officers and directors against plaintiffs' suit. For the reasons assigned, we affirm.

FACTS AND PROCEDURAL HISTORY

In the 1980's, George Yarbrough secured $13 million in debts to Federal Land Banks in Jackson, Mississippi and Alexandria *485 and Rayville, Louisiana by pledging his Federal Land Bank stock and by mortgaging approximately 8,200 acres of farmland he owned in Franklin and Catahoula Parishes as well as a cotton gin he operated and its associated property.[1] In 1985, Yarbrough defaulted on the loans. Rather than declare bankruptcy, he dationed his land and stock to the Federal Land Bank of Jackson ("the Bank") in satisfaction of the debt on March 20, 1985. On the same date and in conjunction with the dation, the Bank leased Yarbrough 2,662 acres of his former land to which he claimed "a very personal [family] attachment," including the cotton gin. Terminating on January 10, 1986, this lease gave Yarbrough the "first right of refusal" to buy all or part of the leased land "at the purchase price offered [to the Bank] by a third party within 30 days after receiving written notice of said offer."

In July 1985, the Bank received an offer on the cotton gin and notified Yarbrough. At that time, Yarbrough exercised his right of first refusal on that six acre parcel for $200,000. As to the remaining property, Yarbrough received no notice of any additional offers before the lease terminated. Nonetheless, Yarbrough suspected that the Bank had received but had not notified him of other offers on the remaining property. As a result, Yarbrough's attorney sent a letter to the Bank on March 4, 1985, asking whether the Bank had received any offers on the property or taken action to prevent consideration of offers prior to the lease's expiration. The Bank replied that it "was obligated to give Mr. Yarbrough the opportunity to purchase the land at such time as an offer from a third party acceptable to the bank was received" but that it had received no such offers.

On August 4, 1986, Yarbrough filed the present action against the bank. In his initial petition, Yarbrough alleged that the Bank failed to honor the right of first refusal; specifically, he alleged that his son-in-law, George McAlister, had made a good faith offer on the property in May 1985 but the bank failed to communicate it to him. Additionally, he alleged that the Bank had listed the property for sale along with other bank-owned property but with the provision that it would not be sold until January 1, 1986, shortly before the lease and right of first refusal expired, and had failed to inform him, when he executed the dation and lease, of its internal policy of not selling such property to either the defaulting debtor or his immediate family members. Thus, contending that the bank had no intention of honoring his right of first refusal, Yarbrough claimed $10 million in damages for alleged lost profits he would have realized upon buying the property back.

Yarbrough died on June 7, 1989. On May 29, 1990, his estate and widow were substituted as plaintiffs and filed an amended and supplemental petition increasing the demand for damages to $30 million.[2] The petition joined as defendants several individual officers and directors of the bank, namely Warner Bruner,[3] Burns Wright, Dick Bringol and Dallas Thomason (hereinafter referred to as the "Named Officers."). Additionally, the pleading listed as an unknown defendant "XYZ Insurance Company" which was alleged to be "an insurance company that at all times material and pertinent [to the litigation] had in full force and effect an insurance *486 policy providing coverage to officers, employees and directors for liability resulting from the acts described [in the petition]."

The amended petition also expanded the allegations of wrongdoing, including a contention that Bruner collaborated with the other Named Officers to reject two offers on the leased land: one from Yarbrough's son-in-law for $929 per acre in May 1985 and another from a neighboring farmer for $1000 per acre in June and July 1985. They then sold the land to other buyers for $640-740 per acre after the right of first refusal expired. The petition concluded that the defendants' actions constituted torts, breach of contract, and intentional interference with contract rights, all resulting in mental anguish, pain, suffering, and loss of profits.

In March 1992, plaintiffs through discovery learned that Old Republic Insurance Company ("Old Republic") provided the Bank with an officers and directors indemnity policy and accordingly amended the second petition to substitute this insurer for the previously unidentified "XYZ Insurance Company." After further discovery, plaintiffs filed a Third Amended and Supplemental Petition naming Liberty, Home Insurance Company of Illinois, and National Union Fire Insurance Company of Pittsburgh as additional parties contending that each insurer had issued insurance policies that provided coverage to one or more of the defendants for "liability resulting from any or all of the acts" described in the petitions. Furthermore, the third petition alleged as additional damages that defendants' actions contributed to the premature death of Yarbrough at age 69.[4] Following the filing of the third petition, all four of the Named Officers filed separate answers denying plaintiffs' allegations while further including cross claims against Liberty and Old Republic, asserting coverage and a duty to defend against the suit.

On June 2, 1997, Liberty filed a motion for summary judgment seeking to declare that its policies with the Federal Land Bank did not provide coverage for the claims asserted by plaintiffs and that it owed no duty to defend the Named Officers. Liberty relied on several exclusion provisions in its comprehensive general liability ("CGL") policy issued to Bank for the initial period of January 1, 1985 to January 1, 1986, and renewed for January 1, 1986 through January 1, 1987. The Named Officers opposed Liberty's motion and filed their own summary judgment motion seeking a declaration that Liberty owed a duty to provide them a defense against plaintiffs' claims. The parties submitted the matters on briefs and the relevant insurance policies.

On April 3, 1998, the trial court issued a ruling denying Liberty's motion for summary judgment on the issue of coverage.

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

Related

State Farm Fire & Casualty Co v. Target Corp.
939 F. Supp. 2d 593 (M.D. Louisiana, 2011)
Arceneaux v. Amstar Corp.
101 So. 3d 951 (Louisiana Court of Appeal, 2010)
Arkell v. Lafayette City-Parish Consolidated Government
28 So. 3d 1248 (Louisiana Court of Appeal, 2010)
Smith v. Cantrell
7 So. 3d 890 (Louisiana Court of Appeal, 2009)
Jeffrey M. Smith, Et Ux. v. Amber E. Cantrell
Louisiana Court of Appeal, 2009
Riggs v. OPELOUSAS GENERAL HOSP. TRUST
997 So. 2d 814 (Louisiana Court of Appeal, 2008)
Beck v. BURGUENO
996 So. 2d 404 (Louisiana Court of Appeal, 2008)
Bridges v. City of Carenco
982 So. 2d 306 (Louisiana Court of Appeal, 2008)
Alexander v. Cornett
961 So. 2d 622 (Louisiana Court of Appeal, 2007)
Olson v. Rapides Parish Sheriff
957 So. 2d 282 (Louisiana Court of Appeal, 2007)
Johnson v. Misirci
955 So. 2d 715 (Louisiana Court of Appeal, 2007)
Douglass v. Easton
953 So. 2d 157 (Louisiana Court of Appeal, 2007)
Gilbert Douglass v. Dr. James H. Easton
Louisiana Court of Appeal, 2007
Burlington Resources, Inc. v. United National Insurance
481 F. Supp. 2d 567 (E.D. Louisiana, 2007)
Brooks v. City of Jennings
944 So. 2d 768 (Louisiana Court of Appeal, 2006)

Cite This Page — Counsel Stack

Bluebook (online)
731 So. 2d 482, 1999 La. App. LEXIS 844, 1999 WL 174828, Counsel Stack Legal Research, https://law.counselstack.com/opinion/yarbrough-v-federal-land-bank-of-jackson-lactapp-1999.