JOHNSON, Justice.
In this writ application, we are asked to determine whether Norell and Andrea Bernard ("Plaintiffs"), who were guest passengers in a vehicle owned and operated by Ann Bernard and insured by Imperial Fire & Casualty Insurance Company ("Imperial"), are entitled to uninsured/underinsured motorist ("UM") coverage under the Imperial policy. For the reasons that follow, we hold that the Plaintiffs are liability insureds under the Imperial policy and therefore entitled to UM coverage. Thus, we affirm the rulings of the lower courts, denying Imperial's motion for partial summary judgment.
In February of 2009, a vehicle driven by Antoine Ellis disregarded a stop sign and struck a vehicle owned and operated by Ann Bernard. Norell Bernard and Andrea Bernard were guest passengers in Ann Bernard's vehicle at the time of the accident. Mr. Ellis was uninsured, and Ann, Norell and Andrea Bernard all filed suit against Imperial for UM coverage. While Imperial did not dispute its named insured, Ann Bernard, was entitled to UM coverage, it filed a Motion for Partial Summary Judgment as to Norell and Andrea Bernard's claims on the basis that the guest passengers were not residents of Ann Bernard's household, and therefore did not meet the definition of "insured person" under the terms of the insurance policy for UM coverage.
After a hearing, the city court denied Imperial's motion for summary judgment.
In Knight, guest passengers filed suit against Imperial seeking recovery of UM damages. Imperial moved for summary judgment, arguing guest passengers not residing in the driver's household were not liability insureds, and therefore not covered under the UM provision. The city court denied Imperial's motion. The Fourth Circuit granted Imperial's writ, and granted Imperial's motion for summary judgment, stating:
Knight v. Imperial Fire & Casualty, 10-1474 (La.App. 4 Cir. 1/7/11) (unpub.).
On remand of this case, the Fourth Circuit, en banc, denied Imperial's writ in a split decision.
Following the writ denial by the court of appeal, Imperial filed the instant writ application with this Court. Finding the court's decision created a split in the circuits, we granted the writ application.
The issue we must decide is whether the Plaintiffs are insureds under the Imperial Policy, such that they are entitled to UM coverage. It is undisputed that Plaintiffs are not "insureds" under Part C of the Imperial policy providing for Uninsured/Underinsured Motorist Coverage. As defined by the policy, a UM "insured" is the named insured, or a relative of the insured who lives in the same household as the named insured. The only named insured on the Imperial policy is Ann Bernard. While Plaintiffs are relatives of Ann Bernard, they are not residents of her household and thus do not qualify as UM insureds under the specific language of Part C of the policy.
Although Plaintiffs are not entitled to contractual UM coverage under Part C of the Imperial policy, this Court has previously held that if a plaintiff is insured under the auto liability coverage, he is entitled to UM coverage. See Filipski v. Imperial Fire & Casualty Ins. Co., 09-1013 (La.12/1/09), 25 So.3d 742, 745 (per curiam); Magnon v. Collins, 98-2822 (La.7/7/99), 739 So.2d 191, 196. In Howell v. Balboa Ins. Co., this Court explained:
564 So.2d 298, 301-02 (La.1990) (emphasis added). See also, La. R.S. 22:1295(1)(a)(I). Thus, Plaintiffs are entitled to UM coverage under the Imperial policy if we determine they are insureds under the policy for purposes of auto liability insurance coverage.
Plaintiffs are not named insureds under Part A of the Imperial policy providing for liability coverage. However, La. R.S. 32:900(B)(2) provides, in pertinent part:
Thus, La. R.S. 32:900(B)(2) mandates that motor vehicle liability policies cover permissive users. See also, Sensebe v. Canal Indemnity Co., 10-0703 (La.1/28/11), 58 So.3d 441, 447. The policy language which fulfills this requirement is known as the statutory omnibus clause. Id. (citing Simms v. Butler, 97-0416 (La.12/2/97), 702 So.2d 686, 688). The Imperial policy contains the statutory omnibus clause. That section of the Imperial policy defines an "insured person" as "any person with respect to an accident
Imperial asserts its motivation in limiting UM coverage is to preserve available funds for its named insured. Imperial argues that UM insurance is not a limitless pool of funds, but is finite based on the policy limits selected by the insured. If persons who are strangers to the household are allowed to draw from, and possibly deplete, the policy limits for UM, the insured has not received the protection she paid for. Further, after such persons have been allowed to deplete the UM benefits of the Imperial policy, these guest passengers would be entitled to pursue additional claims under their own coverage — an option not available to Imperial's named insured who paid extra premiums for her own protection.
Imperial notes that a plaintiff has to be insured under the policy to be entitled to UM coverage. Imperial takes the position that Plaintiffs are not insureds under the liability portion of its policy and therefore have no statutory right to UM coverage under the policy. According to Imperial, to be an "insured person" under the liability portion of the policy, the accident must "arise out of" that person's use of the vehicle. Thus, even if the Plaintiffs were "using" the vehicle by riding as guest passengers, it cannot be suggested that the accident arose out the guest passengers' use of the vehicle because the accident would have occurred regardless of whether the Plaintiffs were sitting in the vehicle.
Imperial argues the court of appeal erred in its interpretation of the language by focusing on whether the Plaintiffs' injuries were a result of the use, rather than whether the accident arose out of the use of the vehicle. According to Imperial, Batiste represents the correct interpretation of this language because the Batiste court took the actual definition of "insured person" from the liability portion of the policy and applied it to the facts. By contrast, the court of appeal in this case took the requirement that the accident arise out of the guest passengers' use of the vehicle and effectively re-wrote the policy language to require only that the injury arise out of that use. Imperial also points out that the "arising out of" language in its policy is statutorily mandated by La. R.S. 32:900, and this Court's interpretation of the language will apply not only to the Imperial policy, but to all guest passengers under any insurance policy.
By contrast, Plaintiffs argue they are "insured persons" under the liability provision of Imperial's policy. Plaintiffs argue that while the term "use" is not defined in the Imperial policy, it is clear that "use" of a vehicle is not limited to operating the vehicle and includes the act of a passenger riding in the vehicle. Prior to the Batiste decision, there was not a single published court decision which interpreted the particular policy language to exclude guest
Appellate courts review a judgment granting or denying a motion for summary judgment de novo. Cutsinger v. Redfern, 08-2607 (La.5/22/09), 12 So.3d 945, 949 (citing Bonin v. Westport Ins. Corp., 05-0886 (La.5/17/06), 930 So.2d 906, 910). A motion for summary judgment will be granted "if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to material fact and that mover is entitled to judgment as a matter of law." La. C.C.P. art. 966(B); Cutsinger, 12 So.3d at 949. The summary judgment procedure is favored and is designed to secure the just, speedy, and inexpensive determination of actions. La. C.C.P. art. 966(A)(2); Cutsinger, 12 So.3d at 949. Thus, we ask the same questions the trial court does in determining whether summary judgment is appropriate: whether there is any genuine issue of material fact, and whether the mover is entitled to judgment as a matter of law. Cutsinger, 12 So.3d at 949 (citing Smith v. Our Lady of the Lake Hosp., 93-2512 (La.7/5/94), 639 So.2d 730, 750).
Interpretation of an insurance policy ordinarily involves a legal question that can be properly resolved by a motion for summary judgment. Id. (citing Bonin, 930 So.2d at 910). An insurance policy is a contract between the parties and should be construed by using the general rules of interpretation of contracts set forth in the Civil Code. Magnon, 739 So.2d at 196 (citing Louisiana Ins. Guar. Ass'n v. Interstate Fire & Cas. Co., 93-0911 (La.1/14/94), 630 So.2d 759). An insurance policy should not be interpreted in an unreasonable or a strained manner so as to enlarge or to restrict its provisions beyond what is reasonably contemplated by its terms or so as to achieve an absurd conclusion. Id. Absent a conflict with statutory provisions or public policy, insurers, like other individuals, are entitled to limit their liability and to impose and to enforce reasonable conditions upon the policy obligations they contractually assume. Id. If the policy wording at issue is clear and unambiguously expresses the parties' intent, the insurance contract must be enforced as written. Id. at 197; La. C.C. art. 2046. When the language of an insurance policy is clear, courts lack the authority to change or alter its terms under the guise of interpretation. Magnon, 739 So.2d at 197 (citing Louisiana Ins. Guar. Ass'n., 630 So.2d at 764). A court should only grant the motion for summary judgment when the facts are taken into account and it is clear that the provisions of the insurance policy do not afford coverage. Supreme Services and Specialty Co., Inc. v. Sonny Greer, Inc., 06-1827 (La.5/22/07), 958 So.2d 634, 638 (citing Reynolds v. Select, 93-1480 (La.4/11/94), 634 So.2d 1180, 1183).
Uninsured motorist coverage embodies a strong public policy, which is to provide full recovery for innocent automobile accident victims who suffer damages caused by a tortfeasor who has no coverage or is not adequately covered by liability insurance. Cutsinger, 12 So.3d at 949 (citing Duncan v. U.S.A.A. Ins. Co., 06-363 (La.11/29/06), 950 So.2d 544, 547). The underlying purpose of uninsured motorist coverage "is to promote and effectuate
With these well-settled principles in mind, we move on to determine whether Plaintiffs are insureds under the terms of the Imperial policy.
First, we find that Plaintiffs' act of riding as permissive guest passengers in Ann Bernard's vehicle is considered a "use" of the vehicle within the terms of the policy. The jurisprudence has consistently found that "use" of a vehicle is not limited to "operation" of a vehicle. Louisiana circuit courts have previously found that an occupant of a vehicle is "using" the vehicle. See, e.g., Stunkard v. Langlinais, 97-1006 (La.App. 3 Cir. 2/4/98), 708 So.2d 1117; Cagle v. Playland Amusement Inc., 202 So.2d 396 (La.App. 4th Cir.1967); Garvey v. Great Atlantic & Pacific Tea Co., 125 So.2d 634 (La.App. 4th Cir.1961); Bolton v. North River Ins. Co., 102 So.2d 544 (La.App. 1st Cir.1958). This view is also widely supported by national jurisprudence. See 8 Couch on Insurance 3d, §§ 111.31, 119.37 (2011) (citing a multitude of national jurisprudence). "When `use' is distinguished from `operation,' it has been held that the former denotes the purpose for which the automobile was employed while the latter refers to its actual physical operation or manipulation of controls." Id. at § 119.37. "The term `use' is a broad catchall designed to include all uses of the vehicle not falling within the terms `ownership' or `maintenance,' and involves simply employment for the purposes of the user." Id. Therefore, we hold the word "use" has a broader meaning than operation of the vehicle and generally includes any use of a vehicle related to its inherent purpose. The Plaintiffs, who were riding as guest passengers in the vehicle, were clearly using the vehicle in a manner related to the vehicle's inherent purpose (i.e., as a means of transportation).
According to Imperial, the "arising out of" language implies something more than use of the vehicle, and requires Plaintiffs take some action, or be an active force that results in the accident, in order to be covered under the liability section of its policy. Imperial suggests there is a distinction between "active" and "passive" use of a vehicle by a passenger. Imperial relies on Batiste, wherein the court found the accident did not arise out of the guest passenger's use of the vehicle because the "use" provision is "designed to limit coverage to liability resulting from an accident of the insured which constitutes both use of the vehicle and a legal cause of the accident." 68 So.3d at 677. We reject Imperial's argument and the court's holding in Batiste,
The Batiste decision appears to stem from a flawed application of this Court's decisions in Carter v. City Parish Government of East Baton Rouge, 423 So.2d 1080 (La.1982) and Kessler v. Amica Mut. Ins. Co., 573 So.2d 476 (La.1991). In both of those cases, this Court stated that the "arising out of use" provision was designed to limit coverage to liability resulting from conduct of the insured which constitutes both a use of the vehicle and a legal cause of the injury. Carter, 423 So.2d at 1087; Kessler, 573 So.2d at 478. However, a review of those cases makes clear that this relied-upon statement cannot be taken out
In Carter, the body of a child, who had been a guest passenger in her uncle's vehicle, was found beneath a flooded underpass several hundred feet away from the partially submerged vehicle. It was determined that the passenger drowned after the operator of the vehicle drove the vehicle into water under a flooded underpass (ignoring traffic barricades). The parents of the passenger brought suit against the liability insurer of the vehicle, as well their own UM insurer. The trial court dismissed both suits, finding the child's death did not arise out of the ownership, maintenance or use of the automobile, as required by the liability and UM coverage. The court reasoned the death did not arise out of the use of the vehicle because neither the driver nor passenger were using the vehicle when they drowned. The court of appeal affirmed. However, this Court reversed. In considering the issue, this Court established the following analysis to determine whether the driver/tortfeasor's liability arose out of the use of the vehicle:
Carter, 423 So.2d at 1087 (emphasis added). This Court concluded that the evidence indicated the driver's combined acts of negligent vehicle operation were a cause in fact of the accident which led to the passenger's death. Id. at 1084. Further, we determined that the driver breached legal duties in the operation of his vehicle which were imposed to protect against the risk which caused the passenger's drowning, and thus was a legal cause of the death. Id. at 1086-87. And, since the conduct of which the plaintiffs complained was the defendant's driving, we concluded it was obvious that this conduct also constituted a use of the vehicle. Id. at 1087.
In Kessler, the plaintiff was shot by an unidentified driver of another vehicle after a near collision and filed a UM claim against his own insurer. The insurance policy required, among other things, that the unidentified (uninsured) motorist's liability arise out of the ownership, maintenance, or use of the uninsured vehicle. Citing to our test in Carter, we determined that the
Kessler, 573 So.2d at 479.
Neither Carter nor Kessler involved a determination of a guest passenger's use of a vehicle. Unlike this case, the central issue in those cases was whether the incident sued upon arose out of the use of the vehicle by the tortfeasor/operator who caused the accident. It is clear that the Carter test is not properly used to determine
Additionally, to create a situation where a guest passenger is essentially required to be a legal cause of the accident in order to establish entitlement to UM coverage is illogical. Once a guest passenger becomes a tortfeasor, he would not be afforded protection under the UM statute. See, e.g., Breaux v. GEICO, 369 So.2d 1335, 1338-39 (La. 1979). Under Breaux and its progeny, one cannot be insured with respect to liability coverage and uninsured/underinsured with respect to UM coverage under the same insurance policy. See Lang v. Economy Fire & Casualty Co., 00-1634 (La.App. 3 Cir. 4/4/01), 783 So.2d 587, 589; Leboeuf v. Lloyd's of Louisiana, 572 So.2d 347, 350 (La.App. 1st Cir.1990).
As it applies to guest passengers, we consider the words "arising out of" to be general and comprehensive terms which should be construed liberally to extend coverage broadly. We define "arising out of" to mean "originating from," "growing out of," or "flowing from" the use. Thus, all that is required is an adequate nexus between the vehicle and the accident. Here, we can unquestionably say the accident "flowed from" and was connected to the Plaintiffs' use of the vehicle. The accident occurred as a result of a collision between two vehicles while the Plaintiffs were riding as passengers in one of the vehicles, and thus demonstrates a sufficient nexus to meet this requirement. There is no requirement that the guest passengers be a legal cause of the accident. It is sufficient that the accident causing the injury is connected with the normal or expected use of a vehicle. After our review of the Imperial policy, the record, and relevant law, we find that Plaintiffs are liability insureds under the Imperial policy, and are thus entitled to UM coverage. Our holding is consistent with the object and public policy behind UM coverage, which is to provide full recovery for automobile accident victims when the tortfeasor is uninsured or not adequately insured by liability insurance. See Hoefly, 418 So.2d at 578.
For the above reasons, we find that Plaintiffs, as guest passengers, were using Ann Bernard's vehicle. Further, based on the facts of this case, we find that the accident arose out of the Plaintiffs' use of the vehicle. Thus, we hold that Plaintiffs are liability insureds under the Imperial policy, and therefore entitled to UM coverage under the policy. Imperial's motion for partial summary judgment was properly denied.
VICTORY, Justice, dissents for reasons assigned by Justice GUIDRY.
GUIDRY, Justice, dissents and assigns reasons.
CLARK, Justice, dissents for reasons assigned by Justice GUIDRY.
GUIDRY, Justice, dissents and assigns reasons.
I respectfully dissent from the majority opinion's conclusion that the plaintiffs here
In the instant case, the parties concede the plaintiffs were not resident relatives under the underinsured/uninsured (hereafter "UM") coverage portion found in Part C of the policy issued by Imperial Fire & Casualty Insurance Company (hereafter "Imperial").
Part A of the Imperial policy sets forth the provisions for liability coverage. Under Part A, "insured person" or "insured persons" are defined as:
The plaintiffs argue they were "using" the vehicle as passengers with the express permission of the named insured as defined in the policy. Thus, they contend, they were "insured persons" under the second definition in Part A and statutorily entitled to UM coverage.
I find the majority errs in concluding the accident in this case arose out of the plaintiffs' use of the vehicle. I agree in principle with the reasoning of the court of appeal in Batiste v. Dunn, 10-1812 (La. App. 1 Cir. 6/10/11), 68 So.3d 673, 678, writ denied, 11-1498 (La.9/30/11), 71 So.3d 295, which interpreted identical language in a policy issued by Imperial. Even assuming the plaintiffs were "using" the covered vehicle by riding in it as guest passengers, the accident did not arise out of their use of that vehicle. According to the plaintiffs' petition, they were guest passengers in a
CLARK, Justice, dissenting for reasons assigned by Justice GUIDRY.
I dissent from the majority opinion for the reasons assigned by Justice Guidry.