Zuviceh v. Nationwide Ins. Co.

786 So. 2d 340, 2001 WL 498733
CourtLouisiana Court of Appeal
DecidedMay 11, 2001
Docket2000 CA 0773
StatusPublished
Cited by19 cases

This text of 786 So. 2d 340 (Zuviceh v. Nationwide Ins. 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
Zuviceh v. Nationwide Ins. Co., 786 So. 2d 340, 2001 WL 498733 (La. Ct. App. 2001).

Opinion

786 So.2d 340 (2001)

Barbara Songy ZUVICEH
v.
NATIONWIDE INSURANCE COMPANY.

No. 2000 CA 0773.

Court of Appeal of Louisiana, First Circuit.

May 11, 2001.
Rehearing Denied June 20, 2001.

*341 Albert J. Nicaud, Metairie, LA, for plaintiff/appellant, Barbara Songy Zuviceh.

Raymond P. Augustin, Metairie, LA, for defendant/appellee, Nationwide Insurance Company.

*342 BEFORE CARTER, C.J., WEIMER and KLINE,[1] JJ.

KLINE, J.

This is an appeal from a declaratory judgment holding that under LSA-C.C. art. 3515, et seq., Mississippi law is applicable to the interpretation of an uninsured/underinsured motorist (UM) policy. For the reasons that follow, we affirm.

FACTS

On August 15, 1998, Barbara Songy Zuviceh (Zuviceh), a Mississippi resident, was injured in a head-on collision that occurred in Slidell, Louisiana. The accident occurred when a vehicle owned and operated by Steven Wicks, a Louisiana resident, allegedly crossed the center line and struck Zuviceh's vehicle.

On the date of the accident, Steven Wicks had in full force and effect a policy of automobile liability insurance issued by Allstate Insurance Company with limits of liability of Ten Thousand ($10,000.00) Dollars per person. Also on the date of the accident, Zuviceh had in full force and effect a policy of UM coverage issued to her and her husband, Fred Zuviceh, by appellee, Nationwide Insurance Company (Nationwide). Nationwide issued the policy to the Zuvicehs in the state of Mississippi and, at the time of its issuance, the Zuvicehs' vehicle was registered in Mississippi.

Under Louisiana law, automobile insurance delivered or issued for delivery in this State for a vehicle registered in Louisiana must have UM coverage equal to the liability amount unless the named insured had rejected UM coverage or selected lower limits. LSA-R.S. 22:1406(D)(1)(a)(i). Such rejection must be in writing on a form provided by the insurer. LSA-R.S. 22:1406(D)(1)(a)(ii). Purportedly, Nationwide has no such form executed by Zuviceh.

Zuviceh petitioned the trial court for a judgment declaring whether Louisiana or Mississippi law applied to the UM coverage provided to her by Nationwide. After applying a choice-of-law analysis, the trial court determined that Mississippi law applied to interpret the terms of the Nationwide policy because Mississippi has a more substantial interest in the uniform application of its laws than Louisiana has in providing an insurance remedy to an out-of-state resident who sustains an injury while temporarily within the state's borders. It is from this adverse finding that Zuviceh appeals.

IS A CHOICE OF LAW ANALYSIS REQUIRED?

LEGISLATIVE AND JURISPRUDENTIAL PERSPECTIVE

In 1985, the Louisiana Supreme Court decided the case of Snider v. Murray, 461 So.2d 1051 (La.1985), to resolve a conflict among the Louisiana Courts of Appeal regarding the application of Louisiana law on UM coverage. The court held that even if Louisiana law applied to the litigation, LSA-R.S. 22:1406(D)(1), by its express terms, affected only automobile policies delivered or issued for delivery in this state and since the policy at issue was neither delivered nor issued for delivery in Louisiana, plaintiffs could not avail themselves of LSA-R.S. 22:1406. The court further stated, "Perhaps the Legislature could have enacted a law which under modern conflict of laws theories would affect insurance policies written in other states when the *343 accident occurs in Louisiana, but the Legislature did not include such a provision in La.R.S. 22:1406(D)(1)." (Footnote omitted.) Snider, 461 So.2d at 1053-1054. Subsequently, by Acts 1987, No. 444, the Legislature enacted LSA-R.S. 22:1406(D)(1)(a)(iii), which states:

This Subparagraph and its requirement for uninsured motorist coverage shall apply to any liability insurance covering any accident which occurs in this state and involves a resident of this state.

After the enactment of LSA-R.S. 22:1406(D)(1)(a)(iii), Louisiana courts were faced with the issue of whether Louisiana's UM law now automatically applies to policies when the accident occurs in Louisiana and involves a Louisiana resident, or whether the court must conduct a conflict-of-laws analysis to determine what law applies. The courts of appeal have reached conflicting resolutions to that issue. Our review of the jurisprudence reveals the following decisions rendered recently by the courts of appeal.

The third circuit's most recent case on the subject, Anderson v. Oliver, 97-1102 (La.App. 3d Cir.1/7/98), 705 So.2d 301, writ denied, 98-0755 (La.5/8/98), 718 So.2d 434, analyzed its three previous cases of Willett v. National Fire & Marine Insurance Co., 594 So.2d 966 (La.App. 3d Cir.), writ denied, 598 So.2d 355 (La.1992); Holcomb v. Universal Insurance Co., 93-1424 (La. App. 3d Cir.6/1/94), 640 So.2d 718, writ denied, 94-1740 (La.10/7/94), 644 So.2d 643; and Trautman v. Poor, 96-627 (La. App. 3d Cir.12/11/96), 685 So.2d 516. The court then determined that the correct method of analysis was that of Willett and Holcomb; because these cases present conflict-of-laws issues, the first thing to be determined is which state's law is applicable. Anderson, 705 So.2d at 305. In reaching that decision, the third circuit in Anderson specifically rejected the analysis employed in Trautman.[2]

The fifth circuit, in Drew v. Martello, 98-1141, 98-1142, p. 6 (La.App. 5th Cir.2/23/99), 729 So.2d 90, 93, concluded that Louisiana's UM law specifically provides that it is applicable to "any accident which occurs in this state and involves a resident of this state." Therefore Louisiana law was properly applied to the facts of the case. The court conducted no choice-of-law analysis.

In Adams v. Thomason, 32,728 (La.App. 2d Cir.3/1/00), 753 So.2d 416, writ denied, XXXX-XXXX (La.6/16/00), 764 So.2d 965, the second circuit analyzed the appellate courts' conflicting jurisprudence considering the issue of whether LSA-R.S. 22:1406(D)(1)(a)(iii) automatically requires the application of Louisiana law. The court then concurred with the third circuit's decision in Anderson and determined that it is more appropriate to conduct a full analysis of the conflict-of-laws principles involved than to merely rely upon LSA-R.S. 22:1406(D)(1)(a)(iii). Adams, 753 So.2d at 426.

The fourth circuit most recently addressed the issue in Austin v. Western World Ins. Co., 99-2541 (La.App. 4th Cir.5/17/00), 765 So.2d 390, writ denied, XXXX-XXXX (La.9/22/00), 768 So.2d 1288. Therein, the court relied on its previous *344 decision of Dekeyser v. Automotive Cas. Ins. Co., 97-1251 (La.App. 4th Cir.2/4/98), 706 So.2d 676, in which it held that LSA-R.S. 22:1406(D)(1)(a)(iii) provided a specific rule governing the question of UM coverage, thus it was the Legislature's intent that the specific rule, i.e. LSA-R.S. 22:1406(D)(1)(a)(iii), control the conflict of laws issue rather than the provisions of Civil Code Book IV entitled "Conflict of Laws." Austin, 765 So.2d at 393. The court then determined that the Louisiana law provision in the UM statute did not violate either the Due Process or Contracts Clause of the United States Constitution and held that Louisiana's UM law applied to the facts of the accident. Austin, 765 So.2d at 393-395.

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786 So. 2d 340, 2001 WL 498733, Counsel Stack Legal Research, https://law.counselstack.com/opinion/zuviceh-v-nationwide-ins-co-lactapp-2001.