FIRST CIRCUIT VERSUS THE TOWN OF MARINGOUIN AND SAFEWA Y INSURANCE COMPANY OF LOUISIANA. Judgment Rendered. Honorable James J Best Judge

Similar documents
VERSUS SMITH. Judgment Rendered: DEC On Appeal from the. State oflouisiana. Attorneys for Plaintiff-Appellant, Chris E.

STATE OF LOUISIANA COURT OF APPEAL, THIRD CIRCUIT ANPAC LOUISIANA INSURANCE COMPANY **********

STATE OF LOUISIANA COURT OF APPEAL, THIRD CIRCUIT **********

No. 47,320-CA COURT OF APPEAL SECOND CIRCUIT STATE OF LOUISIANA * * * * * Versus * * * * * * * * * *

STATE OF LOUISIANA COURT OF APPEAL FIRST CIRCUIT 2008 CA 0014

STATE OF LOUISIANA COURT OF APPEAL, THIRD CIRCUIT STATE FARM MUTUAL AUTOMOBILE INSURANCE CO. **********

STATE OF LOUISIANA COURT OF APPEAL, THIRD CIRCUIT CA **********

Appealed from the STATE OF LOUISIANA COURT OF APPEAL FIRST CIRCUIT NUMBER 2008 CA 2426 PAULETIED VARNADO VERSUS

BEFORE KUHN PETTIGREW AND KLINE JJ

IN THE COURT OF APPEALS OF TENNESSEE AT NASHVILLE April 16, 2009 Session

STATE OF LOUISIANA COURT OF APPEAL, THIRD CIRCUIT **********

S T A T E O F M I C H I G A N C O U R T O F A P P E A L S

Appealed Family Court Parish of East Baton Rouge NO 2007 CA from the. Trial Court No NOT DESIGNATED FOR PUBLICATION STATE OF LOUISIANA

STATE OF LOUISIANA COURT OF APPEAL FIRST CIRCUIT NO 2007 CA 1702 VERSUS. Judgment Rendered MAR Appealed from the

J cj g f NUMBER 2007 CA 1493

STATE OF LOUISIANA COURT OF APPEAL, THIRD CIRCUIT ************

STATE OF MICHIGAN COURT OF APPEALS

No. 45,945-CA COURT OF APPEAL SECOND CIRCUIT STATE OF LOUISIANA * * * * * Versus * * * * *

STATE OF LOUISIANA COURT OF APPEAL, THIRD CIRCUIT **********

* * * * * * * * * * * * * APPEAL FROM CIVIL DISTRICT COURT, ORLEANS PARISH NO , DIVISION E HONORABLE GERALD P. FEDOROFF, JUDGE * * * * * *

STATE OF LOUISIANA COURT OF APPEAL, THIRD CIRCUIT **********

STATE OF LOUISIANA COURT OF APPEAL, THIRD CIRCUIT ALLSTATE PROPERTY AND CASUALTY INSURANCE COMPANY

IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT. v. Case No. 5D CORRECTED

STATE OF LOUISIANA COURT OF APPEAL, THIRD CIRCUIT

COURT OF APPEALS LICKING COUNTY, OHIO FIFTH APPELLATE DISTRICT THOMAS H. HEATON, ADM. OF THE ESTATE OF CLIFF ADAM HEATON

IN THE COURT OF APPEALS OF MARYLAND. No. 19 September Term, 2008 GOVERNMENT EMPLOYEES INSURANCE COMPANY RAY E. COMER, JR.

STATE OF MICHIGAN COURT OF APPEALS

ILLINOIS FARMERS INSURANCE COMPANY, Appellee, v. URSZULA MARCHWIANY et al., Appellants. Docket No SUPREME COURT OF ILLINOIS

STATE OF MICHIGAN COURT OF APPEALS

APPEAL FROM THE CIRCUIT COURT OF HARRISON COUNTY, MISSISSIPPI, FIRST JUDICIAL DISTRICT, CAUSE NO.: A

NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P : : : : : : : : : :

No. 47,333-CA COURT OF APPEAL SECOND CIRCUIT STATE OF LOUISIANA * * * * * Versus * * * * *

NOT DESIGNATED FOR PUBLICATION STATE OF LOUISIANA COURT OF APPEAL FIRST CIRCUIT NO 2009 CA 0812 SUCCESSION OF LOUIS F WAGNER CONSOLIDATED WITH

STATE OF LOUISIANA COURT OF APPEAL FIRST CIRCUIT 2010 CA 0036 MONICA ANDERSON VERSUS GORDON A PUGH JR DATE OFJUDGMENT

MARIO DIAZ NO CA-1041 VERSUS COURT OF APPEAL EUDOLIO LOPEZ, ASSURANCE AMERICA INSURANCE COMPANY, DARRELL BUTLER AND ALLSTATE INSURANCE COMPANY

DEMIR V. FARMERS TEXAS COUNTY MUTUAL INSURANCE CO. 140 P.3d 1111, 140 N.M. 162 (N.M.App. 06/28/2006)

STATE OF LOUISIANA COURT OF APPEAL FIRST CIRCUIT NO 2007 CA 0010 C W NO 2007 CA 0011 FINANCIAL COMPANY L L C VERSUS

IN THE COURT OF APPEALS OF TENNESSEE AT KNOXVILLE August 10, 2004 Session

STATE OF LOUISIANA COURT OF APPEAL, THIRD CIRCUIT **********

NOT DESIGNATED FOR PUBLICATION STATE OF LOUISIANA COURT OF APPEAL, THIRD CIRCUIT CA LOUISIANA FARM BUREAU INSURANCE CO., ET AL.

STATE OF LOUISIANA COURT OF APPEAL, THIRD CIRCUIT **********

STATE OF LOUISIANA COURT OF APPEAL, THIRD CIRCUIT **********

FROM THE CIRCUIT COURT OF FAIRFAX COUNTY Kathleen H. MacKay, Judge. The question presented in this wrongful death action,

NO. 43,996-CA COURT OF APPEAL SECOND CIRCUIT STATE OF LOUISIANA * * * * * * Versus * * * * * *

NO. 46,054-CA COURT OF APPEAL SECOND CIRCUIT STATE OF LOUISIANA * * * * * * Versus * * * * * *

No. 48,191-CA No. 48,192-CA (Consolidated Cases) COURT OF APPEAL SECOND CIRCUIT STATE OF LOUISIANA * * * * * versus * * * * *

COURT OF APPEAL FIRST CIRCUIT NUMBER 2008 CA 2073 ANN WASHINGTON INDIVIDUALLY AND ON VERSUS. Judgment Rendered MAR

No. 47,320-CA ON REHEARING COURT OF APPEAL SECOND CIRCUIT STATE OF LOUISIANA * * * * * versus * * * * *

IN THE COURT OF APPEALS FOR THE STATE OF WASHINGTON

IN THE COURT OF APPEALS OF TENNESSEE WESTERN SECTION AT JACKSON. Shelby Circuit #49803 C.A. No. 02A CV October 5, 1995

STATE OF LOUISIANA COURT OF APPEAL, THIRD CIRCUIT CA COMMERCE AND INDUSTRY INS. CO., ET AL. **********

ROBERT A. CHAISSON JUDGE

MARC E. JOHNSON JUDGE

STATE OF LOUISIANA COURT OF APPEAL, THIRD CIRCUIT ************

2018 IL App (5th) NO IN THE APPELLATE COURT OF ILLINOIS FIFTH DISTRICT

STATE OF LOUISIANA COURT OF APPEAL, THIRD CIRCUIT ************

ALABAMA COURT OF CIVIL APPEALS

IN THE COURT OF APPEALS FOR MONTGOMERY COUNTY, OHIO. Plaintiffs-Appellants : C.A. CASE NO

AUTOMOBILE INSURANCE; NAMED DRIVER EXCLUSION:

COURT OF APPEAL FIRST CIRCUIT 2007 CA 0989 ON APPEAL FROM THE NINETEENTH JUDICIAL DISTRICT COURT DOCKET NUMBER DIVISION J

Judgment Rendered October

NORTHERN DISTRICT Robert and Cynthia Engelhardt ("the petitioners") bring the. instant petition for declaratory judgment against Concord Group

DO NOT PUBLISH STATE OF LOUISIANA COURT OF APPEAL, THIRD CIRCUIT

ALLSTATE INSURANCE COMPANY OPINION BY JUSTICE LEROY R. HASSELL, SR. v. Record No April 20, 2001

IN THE COURT OF APPEALS OF TENNESSEE AT KNOXVILLE June 18, 2007 Session

2014 PA Super 192. Appellees No EDA 2013

NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED

Commonwealth of Kentucky Court of Appeals

In and for the Parish of East Baton Rouge State of Louisiana

STATE OF LOUISIANA COURT OF APPEAL, THIRD CIRCUIT

STATE OF LOUISIANA COURT OF APPEAL, THIRD CIRCUIT **********

NOT DESIGNATED FOR PUBLICATION STATE OF LOUISIANA COURT OF APPEAL, THIRD CIRCUIT LAFAYETTE CITY-PARISH CONSOLIDATED GOVERNMENT ************

S T A T E O F M I C H I G A N C O U R T O F A P P E A L S

COURT OF APPEAL FIRST CIRCUIT NUMBER 2007 CA 0962 CHARLOTTE PAULA CAMPBELL AND WILLIAM G CAMPBELL VERSUS. Judgment Rendered December

Respondents. / ANSWER BRIEF ON THE MERITS OF RESPONDENT, THE OHIO CASUALTY INSURANCE COMPANY

2013 PA Super 97. : : : Appellee : No. 124 WDA 2012

JUDGMENT REVERSED AND CASE REMANDED WITH DIRECTIONS. Division I Opinion by JUDGE KAPELKE* Taubman and Bernard, JJ., concur. Announced February 3, 2011

No. 48,173-CA COURT OF APPEAL SECOND CIRCUIT STATE OF LOUISIANA * * * * * versus

STATE OF MICHIGAN COURT OF APPEALS

I. Introduction. Appeals this year was Fisher v. State Farm Mutual Automobile Insurance Company, 2015 COA

* * * * * * * BELSOME, J., CONCURS IN PART AND DISSENTS IN PART WITH REASONS COUNSEL FOR APPELLANT/FESTIVAL PRODUCTIONS, INC.

COURT OF APPEAL FIRST CIRCUIT 2006 CA 0896 VERSUS

STATE OF MICHIGAN COURT OF APPEALS

STATE OF LOUISIANA COURT OF APPEAL, THIRD CIRCUIT CW **********

NOT DESIGNATED FOR PUBLICATION STATE OF LOUISIANA COURT OF APPEAL FIRST CIRCUIT 2007 CA 2345 HARRY ABELS VERSUS VICTORIA STARKEY ABELS

THOMAS M. STONE OPINION BY JUSTICE A. CHRISTIAN COMPTON v. Record No December 16, 1996

IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT. No Non-Argument Calendar. D.C. Docket No. 1:12-cv GRJ.

CASE NO. 1D Kathy Maus and Julius F. Parker, III, of Butler Pappas Weihmuller Katz Craig, Tallahassee, for Appellant.

No. 49,406-CA COURT OF APPEAL SECOND CIRCUIT STATE OF LOUISIANA * * * * * versus * * * * *

On Appeal from the 19 Judicial District Court Parish of East Baton Rouge State of Louisiana PROBATE

IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JULY TERM v. Case No. 5D

COURT OF APPEAL FIRST CIRCUIT. Judgment Rendered November Appealed from the Eighteenth Judicial District Court

IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT. No D. C. Docket No. 1:09-cv JLK. versus

COLORADO COURT OF APPEALS

STATE OF MICHIGAN COURT OF APPEALS

COURT OF APPEALS OF OHIO, EIGHTH DISTRICT COUNTY OF CUYAHOGA NO

NO. 50,300-CA COURT OF APPEAL SECOND CIRCUIT STATE OF LOUISIANA * * * * * * Versus * * * * * *

IN THE COURT OF APPEALS FOR MONTGOMERY COUNTY, OHIO. Plaintiff-Appellant : C.A. CASE NO UNITED STATES FIDELITY : (Civil Appeal from...

DANIELLE L. CHENARD vs. COMMERCE INSURANCE COMPANY & another. SJC SUPREME JUDICIAL COURT OF MASSACHUSETTS

v No Wayne Circuit Court JOHN SHOEMAKE and TST EXPEDITED LC No NI SERVICES INC,

Transcription:

NOT DESIGNATED FOR PUBLICATION STATE OF LOUISIANA COURT OF APPEAL FIRST CIRCUIT NUMBER 2006 CA 2452 SHIRLEY G LOCKMAN INDIVIDUALLY AND ON BEHALF OF STANLEY G LOCKMAN AND SHANDRICKA GREVIOUS VERSUS UNOPENED SUCCESSION OF ADEYA JARMIN RICKEY K COLLIGAN JR USAGENCIES STATE FARM INSURANCE COMPANY ST PAUL FIRE AND MARINE INSURANCE COMPANY NEW HAMPSHIRE INSURANCE COMPANY LOUISIANA MUNICIPAL RISK MANAGEMENT AGENCY THE TOWN OF MARINGOUIN AND SAFEWA Y INSURANCE COMPANY OF LOUISIANA Judgment Rendered NOV 1 4 Z007 Appealed from the 18th Judicial District Court in and for the Parish of West Baton Rouge State of Louisiana Suit Number 35 215 Division A Honorable James J Best Judge Charles K Diel Plaquemine Louisiana Counsel for Plaintiffs Appellants Shirley Lockman and Shandricka Grevious David 1 Bordelon Ginger K DeForest Metairie Louisiana Counsel for Defendant Appellee New Hampshire Insurance Company BEFORE CARTER C J PETTIGREW GAIDRY McDONALD AND McCLENDON n MCCr 7 das0tj he 1jJ7 0 J

GAIDRY J This is an appeal of a summary judgment granted in favor of New Hampshire Insurance Company New Hampshire finding that its policy with Mr Stanley G Lockman the plaintiffs deceased husband and father did not provide him with uninsured underinsured UM coverage for the accident at issue For the following reasons we reverse FACTUAL BACKGROUND AND PROCEDURAL HISTORY This matter arises from a head on collision that occuned on Louisiana Highway 413 sholily before midnight on December 6 2004 tragically resulting in three fatalities Killed as a result of this accident were Mr Lockman who was operating a 1999 GMC Yukon owned and insured by his employer the Town of Maringouin southbound on La 413 Ms Adeya Jarmin the driver of a red Ford Ranger traveling northbound on La 413 and Raven Jarmin a minor child passenger in Ms Jarmin s vehicle The petition alleged that Ms Jarmin was extremely intoxicated and left her northbound lane of travel after negotiating a curve crossed the center line and both southbound lanes of travel Despite Mr Lockman s attempts to swerve outside his own fog line to avoid Jarmin s out of control vehicle a head on collision occurred Mr Loclanan s widow Shirley Lockman and his major daughter Shandricka Grevious filed a petition for survival and wrongful death damages alleging that Ms Jannin s intoxication and negligence were the sole cause of the accident The petition named numerous insurers as defendants including the appellee herein New Hampshire Insurance Company The petition alleged that New Hampshire provided UM coverage for Mr Lockman pursuant to a policy issued to Lockman d b a Drikas Tlucking I Also named was the insurer ofms Jarmin which provided the minimum 10 20 10 coverage and the insurer ofthe Town of Maringouin which has asserted that there is no UM coverage on the GMC Yukon being driven by Mr Lockman when he was killed That insurer is still a defendant in the suit but is notinvolved in this appeal 2

New Hampshire filed a motion for sulllinary judgment asserting that the policy it issued to Mr Lockman s trucking business provided neither liability nor UM coverage on the vehicle being driven by Mr Lockman at the time of the accident The trial couli found no genuine issue of material fact regarding a lack of coverage under the policy and granted New Hampshire s motion The trial couli also found no just reasons for delay and certified the judgment as a final judgment pursuant to La C C P art 1915 B 1 This appeal by the plaintiffs followed Summary Judgment We review a district court s decision to grant a motion for summary judgment de novo using the same criteria that govern the district court s consideration of whether summary judgment is appropriate Duncan v USA A Insurance Company 2006 0363 p 3 La 11 29 06 950 So 2d 544 547 Summary judgment shall be rendered if there is no genuine issue of material fact and the mover is entitled to judgment as a matter of law La C C P art 966 B Summary judgment may be rendered on the issue of insurance coverage alone See La C C P art 966 E Halphen v Borja 2006 1465 p 3 La App 1st Cir 5 4 07 961 So 2d 1201 1204 writ denied 2007 So 2d 1198 La 9 2107 964 So 2d 338 Summary judgment declaring a lack of coverage under an insurance policy may not be rendered unless there is no reasonable interpretation of the policy when applied to the undisputed material facts shown by the evidence supporting the motion under which coverage could be afforded Id An insurer seeking to avoid coverage through summary judgment must prove some provision or exclusion applies to preclude coverage Id ANALYSIS The starting point for interpreting an insurance policy and resolving the issue of whether the New Hampshire policy issued to Mr Lockman db a Drikas 3

Trucking provides UM coverage for the accident at issue is an examination of the relevant policy provisions THE POLICY Stanley Lockman d b a Drikas Trucking is the named insured under New Hampshire s Business Auto Policy No ARL 077 49 119 Item One of the declarations page provides a policy period of 10 04 04 to 0102 05 and reflects an estimated premium in the amount of 581 00 an additional premium for endorsements in the amount of 100 00 and indicates that the total premium of 681 00 is payable at inception Item Two entitled Schedule of Coverages and Covered Autos provides This policy provides only those coverages where a charge is shown in the premium column below Each of these coverages will apply only to those autos shown as covered autos Autos are shown as covered autos for a particular coverage by the entry of one or more of the symbols from the COVERED AUTO Section of the Business Auto Coverage Form next to the name ofthe coverage Immediately following this provision coverage details for liability and UM are listed separately Liability Coverage The Schedule of Coverages and Covered Autos for liability reflects coverage up to a combined single limit of 1 000 000 per anyone accident or loss A corresponding premium for this coverage in the amount of 551 00 also is listed COVERED AUTOS for liability coverage is designated by the use of the numerical symbol 07 The Business Auto Coverage Form contains nine separate definitions of covered auto depending on the symbol selected by the insured in Item Two Symbol 07 corresponds with the section entitled SPECIFICALLY DESCRIBED AUTOS which provides 0 Jnly those autos described in Item Three of the Declarations for which a premium charge is shown Item Three of 4

Mr Lockman s policy entitled Schedule of Covered Autos You Own lists only one vehicle a 1986 Peterbilt Semi Trailer Section II of the Coverage Form for Liability provides in pertinent part the following 1 WHO IS AN INSURED The following are insureds a You for anv covered auto Based on the foregoing liability provisions it is clear and undisputed that Mr Lockman the named insured would have liability coverage up to 1 000 000 for damages arising out of any accident involving his use of the Peterbilt Semi Trailer listed by him in Item 3 ofthe Covered Autos section ofhis policy Uninsured Motorists Coverage Item Two of the declarations page reflects that UM coverage is also provided by the policy in the same limits as liability combined single limit of 1 000 000 The corresponding premium for this coverage is listed as 30 00 however an additional 100 00 premium for endorsements is added at the bottom for a total premium of 681 00 The numerical symbol 07 is also listed under Covered Autos The UM coverage zn contrast with the liability coverage provides In peliinent pali as follows B Who Is An Insured 1 You New Hampshire denied coverage asserting that Mr Lockman was not a covered insured because he was not driving his Peterbilt Semi Trailer The plaintiffs contend on the other hand that the language of the New Hampshire policy clearly allows UM coverage for Mr Lockman as an insured regardless of 5

the vehicle he was driving In the alternative the plaintiffs contend the policy language is ambiguous and therefore must be resolved in favor of the insured As noted earlier summary judgment declaring a lack of coverage may not be rendered unless there is no reasonable interpretation of the policy under which coverage could be afforded Halphen 2006 1465 at p 3 961 So 2d at 1204 INSURANCE POLICY INTERPRETATION An insurance policy is an agreement between the pmiies and should be interpreted by using ordinary contract principles Our judicial responsibility in interpreting insurance contracts is to determine the parties common intent If the language in an insurance policy is clear and explicit no further interpretation may be made in search of the parties intent The determination of whether a contract is clear or ambiguous is a question of law Halphen 2006 1465 at p 3 961 So 2d at 1204 If there is an ambiguity in the policy it must be resolved by construing the policy as a whole one policy provision is not to be construed separately at the expense of disregarding other policy provisions Ambiguity will also be resolved by ascertaining how a reasonable insurance policy purchaser would construe the clause at the time the insurance contract was entered If after applying the other general rules of construction an ambiguity remains the ambiguous contractual provision is to be construed against the insurer who issued the policy and in favor of coverage for the insured Id 2006 1465 at p 4 961 So 2d at 1205 see also La C C arts 2045 2050 2056 APPLICATION OF LEGAL PRINCIPLES New Hampshire argues that the only reasonable interpretation of the policy that can be made is that coverage both liability and UM is provided only when the vehicle operated is insured under the policy New Hampshire s argument is based 6

on the aforementioned provision in the policy under Item 2 of the Declarations Schedule of Coverages and Covered Autos which provides This policy provides only those coverages where a charge is shown in the premium column below Each of these coverages will apply only to those autos shown as covered autos Autos are shown as covered autos for a particular coverage by the entry of one or more of the symbols from the COVERED AUTO Section of the Business Auto Coverage Form next to the name of the coverage Emphasis added As also noted earlier herein the symbol 07 corresponding to specifically described autos specifically listed in Item 3 in this case the 1986 Peterbilt Semi Trailer is listed after each the liability and the UM coverage Thus according to New Hampshire since Mr Lockman was not operating the Peterbilt Semi Trailer listed as a covered auto in the policy there is no coverage afforded him for the accident at issue 2 However the declarations coverage provision relied on by New Hampshire is only part of the policy As noted above the law mandates that we construe the policy as a whole one policy provision cannot be construed separately at the expense of disregarding other provisions As argued by the plaintiffs the coverage provision when read together with the Who Is An Insured provisions establishes a reasonable interpretation of the policy under which UM coverage is afforded Mr Lockman regardless of which vehicle he was driving Again as previously noted there is a significant difference in the policy language between who is an insured for liability coverage and who is an insured for UM coverage 2 New Hampshire also relies on appeal on cases that apply La R S 22 680 e and hold that UM coverage is statutorily denied when such motor vehicle is not described in the policy Defendant s reliance on the statute and therefore the cases applying it is misplaced Defendant s argument fails to acknowledge the statutory language immediately preceding the aforementioned language which significantly distinguishes this case from those to which the statute applies The statute declares UM coverage does not apply to vehicles not listed in the policy when the accident occurs while occupying a motor vehicle owned by the insured Emphasis added The cases relied on by the defendant are also factually distinguishable In each of those cases an employee driving his own vehicle during the course and scope of his employment made a claim seeking to be considered an insured under the employer s UM policy In that factual scenario both common sense and the policy considerations underlying UM coverage support the statutory mandate that said vehicle be listed in the policy However in this case the New Hampshire insured was occupying his employer s vehicle and making a claim under his own UM policy pursuant to which policy a separate premium had been paid for UM coverage for the insured Mr Lockman Therefore both the statute and the jurisprudence are inapplicable herein 7

Under Section II Liability Coverage the policy very clearly limits the classification of an insured as follows You for any covered auto Under the UM coverage portion of the policy the language defining an insured conspicuously omits the limitation for any covered auto providing that an insured for UM coverage is simply You You is the named insured Mr Lockman We agree with the plaintiffs that this significant difference in the policy language for who is an insured depending on the type of coverage yields a very reasonable interpretation of the policy that the limitation for covered autos as defined by the numerical symbol selected by the insured is not applicable to UM coverage which covers the insured you with no limitation The language and the fact that it is different depending on the coverage referenced clearly establishes that Mr Lockman has UM coverage for any vehicle he is driving and that he has liability coverage only when he drives the listed Peterbilt To the extent that these provisions are rendered ambiguous when read in conjunction with the declarations language regarding covered autos this is an ambiguity which the law mandates be construed against the insurer who issued the policy and in favor of coverage for the insured Halphen 2006 1465 at p 4 961 So 2d at 1205 La C C arts 2445 2050 2056 Therefore notwithstanding that the language found on the declarations page purports to insure only certain designated covered autos the contrary provisions identifying an insured for purposes of UM coverage as you Mr Lockman regardless ofthe vehicle being occupied creates an ambiguity we must construe in favor of coverage Because there is a very reasonable interpretation of the policy that affords UM coverage to Mr Lockman for any losses sustained as a result of the accident surmnary judgment may not be granted as a matter of law 8

Accordingly the judgment rendered by the trial court granting New Hampshire s Motion for Summary Judgment and dismissing it from this lawsuit is reversed and this matter is remanded to the trial court for further proceedings consistent herewith Costs of this appeal are assessed to New Hampshire REVERSED AND RENDERED 9

r STATE OF LOUISIANA COURT OF APPEAL FIRST CIRCUIT 2006 CA 2452 SHIRLEY G LOCKMAN INDIVIDUALLY AND ON BEHALF OF STANLEY G LOCKMAN AND SHANDRICKA GREVIOUS VERSUS UNOPENED SUCCESSION OF ADEY A JARMIN RICKEY K COLLIGAN JR USAGENCIES STATE FARM INSURANCE COMPANY ST PAUL FIRE AND MARINE INSURANCE COMPANY NEW HAMPSHIRE INSURANCE COMPANY LOUISIANA MUNICIPAL RISK MANAGEMENT AGENCY THE TOWN OF MARINGOUIN AND SAFEW AY INSURANCE COMPANY OF LOUISIANA I V 1 McCLENDON J dissents and assigns reasons I agree with the majority that the starting point for interpreting a policy is the policy itself However unlike the majority I find that a reading of the entire commercial auto policy shows that no OM coverage applies to the particular facts here Specifically the OM endorsement listing of you as the insured is prefaced by the following language For a covered auto this endorsement modifies insurance provided In the declarations section the SCHEDULE OF COVERAGES AND COVERED AUTOS provides Each of these coverages will apply only to those autos shown as covered autosautos are shown as covered autos for a particular coverage by the entry of one or more of the symbols from the COVERED AUTO Section ofthe Business Auto Coverage Fonn next to the name of the coverage Under the heading for OM coverage the symbol relating to specifically described autos was entered The only auto meeting that de mition was the 1986 Peterbilt truck owned by Mr Lockman d b a Drikas Trucking The OM coverage form signed by Mr Lockman states that his choice

for UM coverage shall apply to the motor vehicles described in the policy Thus Mr Lockman s commercial auto policy did not afford UM coverage to him while driving another vehicle for either personal use or in the course and scope of another business or job For these reasons I respectfully dissent 2