674 So.2d 1117 (La.App. 2 Cir. 1996), 28357, Mobley v. State Farm Mut. Auto. Ins. Co.

Docket Nº28357-CA.
Citation674 So.2d 1117, 357 La.App. 2 Cir. 5/8/96
Party NamePeggy MOBLEY, Individually and as the Natural Tutrix of Courtney Mobley, Plaintiff-Appellant, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Defendant-Appellee.
Case DateMay 08, 1996
CourtCourt of Appeal of Louisiana (US)

Page 1117

674 So.2d 1117 (La.App. 2 Cir. 1996)

357 La.App. 2 Cir. 5/8/96

Peggy MOBLEY, Individually and as the Natural Tutrix of

Courtney Mobley, Plaintiff-Appellant,

v.

STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Defendant-Appellee.

No. 28357-CA.

Court of Appeals of Louisiana, Second Circuit.

May 8, 1996

Writ Denied Sept. 19, 1996.

M. Daniel LaGrone, Jr., Kent Gill, Shreveport, for Appellant.

Hicks & Hubley by Michael S. Hubley, Shreveport, for Appellee.

Before SEXTON, WILLIAMS and GASKINS, JJ.

[28329 La.App. 2 Cir. 2] SEXTON, Judge.

This appeal arises from a judgment dismissing the plaintiff's claim for uninsured/underinsured motorist coverage ("UM") and umbrella coverage against the defendants, State Farm Mutual Automobile Insurance Company and State Farm Fire and Casualty

Page 1118

Company (hereinafter collectively "State Farm"). The question presented is whether, at the time of the accident, the plaintiff's daughter, Courtney Mobley, was "living with" her father, Mr. Charles Mobley, who was legally separated from the child's mother, but still owned his share of the community property home with the mother, Peggy Mobley.

Courtney Mobley was injured on February 11, 1991 on the DeSoto High School parking lot. On that day, Courtney rode to school with her friend, Kim Baker, in a vehicle driven by Pansey Baker, Kim's mother. After Courtney alighted from the vehicle, she reached back into the vehicle to get her books and belongings when the vehicle started moving. Courtney was knocked down, and the vehicle rolled over her heel, causing injuries. She was 13 years old at the time.

The Bakers were underinsured. Peggy Mobley, individually and as tutrix for Courtney, sought recovery under her own UM policy issued by State Farm and under a separate UM policy held by her husband, Charles Mobley, also issued by State Farm, but through a different agent. The latter Mobley also had a one million dollar umbrella policy issued by State Farm Fire and Casualty in effect at the time of the accident.

The UM policies in question provide coverage for relatives of the named insured, which, in this instance, is Charles Mobley. The policy defines a "relative," in pertinent part, as a "person related to you" ... "by blood or adoption" ... "who lives with you." State Farm denied coverage and moved for [28329 La.App. 2 Cir. 3] summary judgment dismissing the plaintiff's claim under Mr. Mobley's policy on grounds that Courtney was not an insured under the policy because she lived with her mother as a result of a legal separation between Charles and Peggy Mobley some nine years earlier. The plaintiff also filed a motion for summary judgment seeking a ruling that the policy issued to Charles Mobley by State Farm provided UM coverage to Courtney. The district court denied both motions.

A bifurcated trial on the issue of coverage was held on April 7, 1995, wherein testimony was heard from Courtney Mobley, Charles Mobley, Peggy Mobley, Dr. Saxon Bear, a clinical psychologist who interviewed both Courtney and her mother in conjunction with a pain management program, and Tommy Seabaugh, a resident claims superintendent for State Farm. Various other documents, including the policies in question, were submitted into evidence. The court issued an opinion on June 30, 1995, finding that Courtney did not live with her father, and therefore, it denied coverage under the UM policy issued to Charles Mobley. A judgment dismissing the defendants was signed on August 3, 1995.

Plaintiff appeals, alleging three assignments of error:

  1. The trial court erred in failing to find that Courtney Mobley was covered under the uninsured motorist provisions of the primary and umbrella policies issued to her father, Charles D. Mobley.

  2. The trial court erred in its ruling of March 16, 1995 denying plaintiff's motion to compel discovery of information and documentation relative to the defendant's intent and purpose for changing language in [the] automobile policy.

  3. The trial court erred in its ruling of July 18, 1994 denying plaintiffs' motion for summary judgment declaring coverage under the uninsured motorist provisions of the primary and umbrella policies issued to her father, Charles D. Mobley.

Considering appellant's final assignment of error first, we note at the [28329 La.App. 2 Cir. 4] outset that no appeal lies from the denial of a motion for summary judgment. LSA-C.C.P. art. 968. Comment (d) to LSA-C.C.P. art. 968 states that because a trial court's overruling a motion for summary judgment is an interlocutory judgment causing no irreparable injury, it can only be appealed with the final judgment in the case. Leonard v. Stephens, 588 So.2d 1300 (La.App. 2d Cir.1991). (Citations omitted.) For the reasons stated herein, we hold that the trial court correctly determined that the question of whether Courtney Mobley lived with her father is an issue of fact precluding summary judgment. LSA-C.C.P. art. 966.

Turning now to the central question in this appeal, plaintiff contends that the trial

Page 1119

court erred in failing to find that Courtney Mobley was covered under the uninsured motorist provisions of the primary and umbrella policies issued to her father. The key inquiry is the interpretation to be given to...

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12 practice notes
  • 814 So.2d 877 (Ala.Civ.App. 2001), 2990114, B.D.B. v. State Farm Mut. Automobile Ins.
    • United States
    • Alabama Alabama Court of Civil Appeals
    • May 11, 2001
    ...the court stated that the aggregate details of the living arrangements are controlling); and Mobley v. State Farm Mut. Auto. Ins. Co., 674 So.2d 1117 (La. Ct. App.), writ denied, 679 So.2d 433 (La. 1996)(where the court held that the question whether a relative "lives with" the na......
  • 701 So.2d 462 (La.App. 1 Cir. 1997), 96 CA 2109, Carbon v. Allstate Ins. Co.
    • United States
    • Louisiana Court of Appeal of Louisiana (US)
    • September 23, 1997
    ...determinative. Most recently, in Mobley v. State Farm Mutual Automobile Insurance Company, 28,357, pp. 8-9 (La.App. 2nd Cir. 5/8/96); 674 So.2d 1117, 1121, writ denied, 96-1402 (La.9/20/96); 679 So.2d 433, the Second Circuit interpreted the phrase "who lives with you" and listed s......
  • 713 So.2d 770 (La.App. 3 Cir. 1998), 97-1068, Gedward v. Sonnier
    • United States
    • Louisiana Court of Appeal of Louisiana (US)
    • May 20, 1998
    ...Mathis v. Employers' Fire Ins. Co., 399 So.2d 273 (Ala.1981). In Mobley v. State Farm Mut. Auto. Ins. Co., 28,357 (La.App. 2 Cir.); 674 So.2d 1117, writ denied, 96-1402 (La.9/20/96); 679 So.2d 433, that court was faced with the issue of determining who a minor child "lived with" i......
  • 850 So.2d 882 (La.App. 2 Cir. 2003), 37,063, Walker v. State Farm Mut. Auto. Ins.
    • United States
    • Louisiana Court of Appeal of Louisiana (US)
    • June 25, 2003
    ...Fire and Casualty Company, supra. See also Mobley v. State Farm Mutual Automobile Insurance Company, 28,357 (La.App.2d Cir.5/8/96), 674 So.2d 1117, writ denied, 96-1402 (La.9/20/96), 679 So.2d 433. PUBLIC POLICY The clear wording of the PLUP excludes the minors' right to recover unless the ......
  • Request a trial to view additional results
12 cases
  • 814 So.2d 877 (Ala.Civ.App. 2001), 2990114, B.D.B. v. State Farm Mut. Automobile Ins.
    • United States
    • Alabama Alabama Court of Civil Appeals
    • May 11, 2001
    ...the court stated that the aggregate details of the living arrangements are controlling); and Mobley v. State Farm Mut. Auto. Ins. Co., 674 So.2d 1117 (La. Ct. App.), writ denied, 679 So.2d 433 (La. 1996)(where the court held that the question whether a relative "lives with" the na......
  • 701 So.2d 462 (La.App. 1 Cir. 1997), 96 CA 2109, Carbon v. Allstate Ins. Co.
    • United States
    • Louisiana Court of Appeal of Louisiana (US)
    • September 23, 1997
    ...determinative. Most recently, in Mobley v. State Farm Mutual Automobile Insurance Company, 28,357, pp. 8-9 (La.App. 2nd Cir. 5/8/96); 674 So.2d 1117, 1121, writ denied, 96-1402 (La.9/20/96); 679 So.2d 433, the Second Circuit interpreted the phrase "who lives with you" and listed s......
  • 713 So.2d 770 (La.App. 3 Cir. 1998), 97-1068, Gedward v. Sonnier
    • United States
    • Louisiana Court of Appeal of Louisiana (US)
    • May 20, 1998
    ...Mathis v. Employers' Fire Ins. Co., 399 So.2d 273 (Ala.1981). In Mobley v. State Farm Mut. Auto. Ins. Co., 28,357 (La.App. 2 Cir.); 674 So.2d 1117, writ denied, 96-1402 (La.9/20/96); 679 So.2d 433, that court was faced with the issue of determining who a minor child "lived with" i......
  • 850 So.2d 882 (La.App. 2 Cir. 2003), 37,063, Walker v. State Farm Mut. Auto. Ins.
    • United States
    • Louisiana Court of Appeal of Louisiana (US)
    • June 25, 2003
    ...Fire and Casualty Company, supra. See also Mobley v. State Farm Mutual Automobile Insurance Company, 28,357 (La.App.2d Cir.5/8/96), 674 So.2d 1117, writ denied, 96-1402 (La.9/20/96), 679 So.2d 433. PUBLIC POLICY The clear wording of the PLUP excludes the minors' right to recover unless the ......
  • Request a trial to view additional results