Morrison on Behalf of Morrison v. Miller, 83-735

• Court: Court of Appeal of Louisiana (US)
• Writing for the Court: LABORDE
• Citation: 452 So.2d 390
• Parties: Michael MORRISON, Individually and on Behalf of Eliza Michelle MORRISON and Elizabeth Livings, Plaintiffs-Appellants, v. James C. MILLER, Louisiana Farm Bureau Casualty Insurance Company, United States Fidelity and Guaranty Company, J.W. Romero, Inc., Young and Leach Insurance, Inc., Insurance Co. of North America A/K/A INA Insurance Company, Northern Insurance Company of New York, improperly named herein as Maryland Casualty Co., Defendants-Appellees.
• Docket Number: No. 83-735,83-735
• Decision Date: 27 June 1984

Page 390

452 So.2d 390 Michael MORRISON, Individually and on Behalf of Eliza
Michelle MORRISON and Elizabeth Livings,
Plaintiffs-Appellants,
v.
James C. MILLER, Louisiana Farm Bureau Casualty Insurance
Company, United States Fidelity and Guaranty Company, J.W.
Romero, Inc., Young and Leach Insurance, Inc., Insurance Co.
of North America A/K/A INA Insurance Company, Northern
Insurance Company of New York, improperly named herein as
Maryland Casualty Co., Defendants-Appellees. No. 83-735. Court of Appeal of Louisiana,
Third Circuit. June 27, 1984.

Page 391

Ralph E. Kraft, Lafayette, and Edward J. Marquet, Lafayette, for plaintiff-appellant.

Voorhies & Labbe, W. Gerald Gaudet, Edward O. Taulbee, IV, Gachassin & Capretz, Nicholas Gachassin, Jr., Mouton & Roy, John Bivins, Lafayette, Deutsch, Kerrigan & Stiles, Charles F. Seeman, New Orleans, for defendants-appellees.

Before GUIDRY, LABORDE and KNOLL, JJ.

LABORDE, Judge.

Plaintiffs, Michael Morrison, individually and on behalf of Eliza Michelle Morrison and Elizabeth Livings, appeal from a summary judgment in favor of defendant, Northern Insurance Company of New York, dismissing the plaintiffs' claims against Northern. We affirm.

Plaintiffs sustained serious injuries which arose out of an automobile collision between the vehicle in which they were passengers and a vehicle driven by James C. Miller, who, according to the plaintiffs, caused the accident by his negligence in driving his car while under the influence of alcohol.

J.W. Romero, Inc. was made defendant in the suit by way of a supplemental and amending petition which alleged that Romero's selling alcoholic beverages to Miller, the consumption of which produced his intoxication, contributed to the causation of the accident in which appellants sustained their injuries. Northern was brought into the suit by another supplemental and amending petition which alleged that Northern was the liability insurer of Romero and provided a policy of insurance covering the claims of the plaintiffs against Romero.

Northern moved for summary judgment asserting that the policy sold to Romero did not afford liability coverage for the plaintiffs' claims. After hearing the argument on the motion, the trial court rendered summary judgment in favor of defendant, Northern.

A summary judgment is proper where there is no genuine issue of material fact and where the mover is entitled to a judgment as a matter of law. State, Etc. v. City of Pineville, 403...