Melder v. State Farm Mut. Auto. Ins. Co.
Decision Date | 14 December 2016 |
Docket Number | 16–692 |
Citation | 208 So.3d 416 |
Parties | Naddia MELDER, et ux. v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, et al. |
Court | Court of Appeal of Louisiana — District of US |
Roy S. Halcomb, Jr., Broussard, Halcomb & Vizzier, P. O. Box 1311, Alexandria, LA 71309, (318) 487–4589, COUNSEL FOR PLAINTIFFS/APPELLANTS: Naddia Melder, Randel Melder
Joe Payne Williams, Williams Family Law Firm, L.L.C., Post Office Box 15, Natchitoches, LA 71458–0015, (318) 352–6695, COUNSEL FOR DEFENDANT/APPELLEE: Louisiana Farm Bureau Casualty Insurance Company
Bonita K. Preuett–Armour, Armour Law Firm, P. O. Box 710, Alexandria, LA 71309, (318) 442–6611, COUNSEL FOR DEFENDANT/APPELLEE: State Farm Mutual Automobile Insurance Company
Court composed of Jimmie C. Peters, Shannon J. Gremillion, and Phyllis M. Keaty, Judges.
Naddia and Randel Melder appeal the trial court's judgment finding that the defendant-appellee, Louisiana Farm Bureau Casualty Insurance Company (Farm Bureau), did not provide uninsured motorist (UM) coverage in Naddia's favor following a motor vehicle accident. For the following reasons, we affirm in part and render in part.
Naddia Melder was injured in a two-car accident in March 2007. Naddia was operating a 2006 Nissan pickup truck owned by her employer, Grimes Industrial Supply. The other vehicle involved in the accident was underinsured, and UM coverage on the Grimes vehicle had been rejected. The Melders, therefore, filed a claim against their own UM carrier, Farm Bureau.
Farm Bureau filed a motion for summary judgment, which was denied. The parties submitted the matter to the trial court after stipulating to certain facts. The trial court rendered a judgment in July 2016, denying the Melders' claim for UM coverage. The Melders now appeal. Although plaintiffs did not assign any errors in their brief, they framed the issues as follows:1
Whether an insurance policy provides coverage or an exclusion prohibits it is a question of law, which we review de novo. Thibodeaux v. Living Waters Cmty. Church , 08–1064 (La.App. 3 Cir. 3/4/09), 5 So.3d 1007, writ denied , 09–0749 (La. 5/22/09), 9 So.3d 145. The Melders argue that the exclusion found in Farm Bureau's policy does not apply because the provision violates La.R.S. 22:1295.
The applicable portion of the Farm Bureau policy reads as follows:
The Melders argue that Farm Bureau's "regular use" exclusion is contrary to the legislation found in La.R.S. 22:1295(1)(e), because the legislation does not specifically note the "regular use" exclusion. Louisiana Revised Statutes 22:1295(1)(e) states:
The uninsured motorist coverage does not apply to bodily injury, sickness, or disease, including the resulting death of an insured, while occupying a motor vehicle owned by the insured if such motor vehicle is not described in the policy under which a claim is made, or is not a newly acquired or replacement motor vehicle covered under the terms of the policy. This provision shall not apply to uninsured motorist coverage provided in a policy that does not describe specific motor vehicles.
The Melders claim that if the legislature wanted to include the regular use exclusion, it could have easily done so by adding the exclusion language. The Melders refer to an Illinois statute, § 215 ILCS 5(143)(a)(emphasis added), as an illustration:
Uninsured motor vehicle coverage does not apply to bodily injury, sickness, disease, or death resulting therefrom, of an insured while occupying a motor vehicle owned by, or furnished or available for the regular use of the insured , a resident spouse or resident relative, if that motor vehicle is not described in the policy under which a claim is made or is not a newly acquired or replacement motor vehicle covered under the terms of the policy.
While we appreciate the plaintiffs' argument that as a policy matter, UM coverage is person-specific as opposed to vehicle-specific, it has long been held that a regular use exclusion is not contrary to the public policy of this state. In Howell v. Balboa Insurance Co., 564 So.2d 298, 301 (La.1990), the supreme court stated: "We expressly hold that UM coverage attaches to the person of the insured, not the vehicle, and that any provision of UM coverage purporting to limit insured status to instances involving a relationship to an insured vehicle contravenes LSA–R.S. 22:1406(D)."
However, in Magnon v. Collins , 739 So.2d 191 (La. 7/7/99), the supreme court clarified that Howell applies only to a person who is a liability insured. "As such, any determination of whether a plaintiff is entitled to UM benefits must follow a determination that the plaintiff is an insured for purposes of auto liability insurance coverage." Id. at 196. Accordingly, courts have held that insurers can exclude an insured from UM coverage in the same manner that the insured would be excluded under liability insurance. See Mills v. Hubbs , 597 So.2d 87 (La.App. Cir.), writ denied , 600 So.2d 677 (La.1992) ; Zanca v. Breaux , 590 So.2d 821 (La.App. 4 Cir. 1990) ; Kerner v. Laballe , 560 So.2d 571 (La.App. 4 Cir. 1991) ; and, Davenport v. Prudential Prop. & Cas. Ins. Co. , 03–2593 (La.App. 1 Cir. 10/29/04), 897 So.2d 98, writ denied , 04–2900 (La. 2/4/05), 893 So.2d 882.
Insurance companies can limit coverage, including coverage of non-owned vehicles. Magnon , 739 So.2d 191.
The purpose of the regular use exclusion is to protect an insurance company against double coverage when a premium has been paid on only one vehicle. If the insured has access to a second vehicle furnished for his regular use, the insurance company can rightfully require that a premium be paid for the insured's use of the second vehicle.
Romano v. Girlinghouse , 385 So.2d 352, 355 (La.App. 1 Cir. 1980).
The courts of this state have regularly recognized the public policy of having employers insure the vehicles which their employees regularly use, because an employee's personal insurance policy is not intended to provide insurance coverage for a vehicle regularly used by an employee in employment situations. See Davenport , 897 So.2d 98. Accordingly, this assignment of error is without merit.
Factual finding that plaintiff had the regular use of the vehicle
Alternatively, the Melders argue that the pickup truck was furnished for the use of Naddia's employer rather than for Naddia. The trial court succinctly stated the relevant and undisputed facts:
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