OF CERTIORARI FROM THE TWELFTH JUDICIAL DISTRICT COURT,
AVOYELLES PARISH, STATE OF LOUISIANA CIVIL SUIT NO.
2016-2822, Div. "A" HONORABLE KERRY SPRUILL,
Lyle Parker, Christina S. Slay COUNSEL FOR
DEFENDANT/APPLICANT: Allstate Property and Casualty Insurance
P. Roy, Brandon J. Scott, Benjamin D. James, Renee Y. Roy
COUNSEL FOR PLAINTIFFS/RESPONDENTS: Anthony Chenevert and
composed of John D. Saunders, Shannon J. Gremillion, and John
E. Conery, Judges.
E. CONERY, JUDGE.
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.
OF THE CASE
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.
Of Non-Payment of Insurance Premium
facts are undisputed that on August 15, 2015, Ms. Firmin
forwarded a payment to Allstate for a premium due on the
subject policy. 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
Auto policy cancellation notice for non-payment of
. . .
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
. . .
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 ...