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Chenevert v. Allstate Property

Court of Appeals of Louisiana, Third Circuit

October 11, 2017

ANTHONY CHENEVERT AND CINDY LANGWELL
v.
ALLSTATE PROPERTY AND CASUALTY INSURANCE COMPANY

         ON WRIT OF CERTIORARI FROM THE TWELFTH JUDICIAL DISTRICT COURT, AVOYELLES PARISH, STATE OF LOUISIANA CIVIL SUIT NO. 2016-2822, Div. "A" HONORABLE KERRY SPRUILL, PRESIDING JUDGE

          L. Lyle Parker, Christina S. Slay COUNSEL FOR DEFENDANT/APPLICANT: Allstate Property and Casualty Insurance Company

          Cory P. Roy, Brandon J. Scott, Benjamin D. James, Renee Y. Roy COUNSEL FOR PLAINTIFFS/RESPONDENTS: Anthony Chenevert and Cindy Langwell

          Court composed of John D. Saunders, Shannon J. Gremillion, and John E. Conery, Judges.

          JOHN E. CONERY, JUDGE.

         Defendant-Relator, Allstate Property and Casualty Insurance Company (Allstate), seeks supervisory writs from the judgment of the Twelfth Judicial District Court, Parish of Avoyelles, the Honorable Kerry Spruill presiding, which denied Allstate's motion for summary judgment on the issue of insurance coverage. For the following reasons, Allstate's writ is granted and made peremptory. All claims made against Allstate by Plaintiffs/Respondents, Anthony Chenevert and Cindy Langwell are dismissed with prejudice. All costs are assessed to Plaintiffs/Respondents, Anthony Chenevert and Cindy Langwell.

         STATEMENT OF THE CASE

         This suit arises out of an automobile accident that occurred on October 15, 2015, involving plaintiffs, Anthony Chenevert and Cindy Langwell, and a vehicle driven by Rodney Lee Johnson, Jr., but owned by Katelin Firmin. Plaintiffs/Respondents, Anthony Chenevert and Cindy Langwell filed suit against Allstate, alleging it provided coverage to Mr. Johnson under its policy issued to Ms. Firmin. In November 2016, Allstate filed its motion for summary judgment, asserting that coverage was not in place for Ms. Firmin or Mr. Johnson on the date of the accident because the policy previously issued to Ms. Firmin had been cancelled due to non-payment of her insurance premium on September 15, 2015.

         Notice Of Non-Payment of Insurance Premium

         The facts are undisputed that on August 15, 2015, Ms. Firmin forwarded a payment to Allstate for a premium due on the subject policy.[1] The automatic payment form Ms. Firmin's account was not honored due to insufficient funds on August 20, 2015, and Allstate forwarded a notice of cancellation to the insured on August 26, 2015. The notice provided:

Auto policy cancellation notice for non-payment of premium
. . .
If you want your insurance coverage to continue and do not want it to cancel, please make sure we receive the minimum amount due by the end of the day (midnight) on September 14, 2015 or your policy will cancel at 12:01 a.m. Standard Time on September 15, 2015.
. . .
For your convenience, you can make a payment by Check-By-Phone or Credit/Debit Card 24 hours a day, 7 days a week . . . or visit My Account at www.allstate.com.
. . .
The Minimum Amount due includes a Past Due Amount of $404.85. As a result of being unable to collect your premium from your account, you have been removed from the automatic payment plan. You must remit payment so that it is received on or before the Cancel ...

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