FROM THE FIFTEENTH JUDICIAL DISTRICT COURT PARISH OF
LAFAYETTE, NO. C-20155875 HONORABLE MARILYN CASTLE, DISTRICT
Michael R. Sistrunk Kyle P. Kirsch E. Madison Walker
McCranie, Sistrunk, Anzelmo, Hardy, McDaniel & Welch, LLC
COUNSEL FOR DEFENDANT/APPELLEE: Axis Surplus Insurance
G. Hall Law Offices of Harold G. Toscano COUNSEL FOR
DEFENDANTS/APPELLEES: Allstate Insurance Company Mark Joseph
Richard P. Voorhies, III James F. Flinn The Voorhies Law Firm
COUNSEL FOR PLAINTIFF/APPELLANT: Gerald Arceneaux
composed of Ulysses Gene Thibodeaux, Chief Judge, John D.
Saunders, and Van H. Kyzar, Judges.
D. SAUNDERS JUDGE.
appeal involves a granted motion for summary judgment on the
lack of coverage provided by an uninsured/underinsured
Motorist (UM) policy. The plaintiff contends that the policy
provides coverage to him because he fits the definition of an
insured under the policy. The insurance provider argues that
La.R.S. 22:1295(1)(e) dictates that the policy provides no
coverage to the plaintiff. The trial court granted the
insurance provider's motion for summary judgment.
plaintiff raises three assignments of error. We find merit in
the argument that the vehicle in the accident is a temporary
substitute vehicle, and, as such, the plaintiff is an insured
for the purposes of adjudicating this summary judgment
motion. This finding pretermits the remaining assignment of
error. Thus, we reverse the trial court's judgment and
remand the case for further proceedings.
AND PROCEDURAL HISTORY:
Arceneaux (Arceneaux) owns Gerald's Towing and Used Cars,
Inc. (Gerald's Towing). Axis Plus Insurance Company sold
Gerald's Towing a "Garage Coverage" policy that
included UM coverage. The policy was in effect on November
26, 2014. On that date, Arceneaux was involved in a motor
vehicle accident while driving his 2012 Ford F250 home from
work at Gerald's Towing. Arceneaux's affidavit states
that he was "on call" at the time of the accident
and the Ford F250 was equipped with roadservice tools and
equipment for any road side service request made to
Gerald's Towing. It further stated that his Ford F250 was
being used at the time of the accident because the Ford F450
Wrecker owned by Gerald's Towing was in need of repairs.
Otherwise, the Ford F450 would be the truck used for any
roadside service request made to Gerald's Towing.
filed an amended petition adding Axis as a defendant and
alleging UM coverage. Thereafter, Axis filed a motion for
summary judgment on the basis that its policy does not
provide UM coverage for Arceneaux's claims.
hearing on the motion, the trial court granted Axis'
motion for summary judgment and dismissed Arceneaux's
claim against Axis. Arceneaux appeals and asserts four
assignments of error.
1. The Trial Court Erred in Ruling that the Ford F250 Was
Being "Regularly" and/or Permanently Used by
Gerald's Towing and Used Cars, Inc.; and Therefore Was
Not a Temporary Substitute ...