Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Cutno v. Goauto Insurance Co.

Court of Appeals of Louisiana, Fourth Circuit

September 25, 2019

ALBERT CUTNO AND AKEISHA WHARTON
v.
GOAUTO INSURANCE COMPANY AND BRITTANY NICHOLAS

          APPEAL FROM CIVIL DISTRICT COURT, ORLEANS PARISH NO. 2017-10426, DIVISION "N-8" Honorable Ethel Simms Julien, Judge

          LOBRANO, J., CONCURS IN THE RESULT Preston L. Hayes CHEHARDY SHERMAN WILLIAMS MURRAY RECILE STAKELUM & HAYES, L.L.P. COUNSEL FOR PLAINTIFFS/APPELLANTS

          Michele Trowbridge Barreca Matthew E. Simmons PORTEOUS HAINKEL & JOHNSON, L.L.P. COUNSEL FOR DEFENDANT/APPELLEE

          Court composed of Chief Judge James F. McKay, III, Judge Daniel L. Dysart, Judge Joy Cossich Lobrano

          Daniel L. Dysart, Judge

         Plaintiffs, Albert Cutno and Akeisha Wharton, appeal a grant of summary judgment in favor of Go Auto Insurance Company, on the basis that the policy had been cancelled for non-payment of the premium. For the reasons that follow, we affirm.

         BACKGROUND:

         Defendant, Brittany Nicholas, financed a policy of insurance issued by Go Auto Insurance Company ("Go Auto") by entering into a financing agreement with Auto Premium Assistance Company ("APAC"), and signed a promissory note obligating herself to make monthly payments to APAC. The note provided that if she failed to make timely payments, she would be in default of the financing agreement. Nicholas also signed a power of attorney authorizing APAC to request cancellation of the policy with Go Auto if the financing agreement was in default for ten days after the installment due date.

         On June 21, 2017, as they were exiting a parking lot in New Orleans, plaintiffs, Albert Cutno and Akeisha Wharton ("plaintiffs"), were struck by a vehicle being driven by Brittany Nicholas ("Nicholas"), who was attempting to enter the parking lot. Plaintiffs claimed to have been injured in the collision and filed suit against Nicholas and her alleged insurer, Go Auto Insurance Company, on October 30, 2017.

         Go Auto filed an answer to the petition and, thereafter, on August 6, 2018, filed a Motion for Summary Judgment. Go Auto sought the dismissal of the claims against it, as a matter of law, as it argued there was no coverage in effect at the time of the June 21, 2017 accident due to the policy being cancelled.

         On October 11, 2018, plaintiffs filed a Peremptory Exception of Nonjoinder of a Party under Articles 641 and 642 Relative to Defendant's Motion for Summary Judgment.

         At the hearing on October 26, 2018, plaintiffs argued that it would be unfair to them and to Nicholas to go forward with the hearing, as Nicholas had never been served. The trial court continued the hearing until November, allowing time for plaintiff to be properly notified.

         The parties returned to court in November, but as Nicholas had only been served three days prior to the hearing[1], the court again continued the hearing and ordered Go Auto to notify her of the new date. Nicholas was served on January 19, 2019 with notice of the hearing.

         Nicholas did not appear at the hearing on February 22, 2019. After argument, the trial court rendered summary judgment in favor of Go ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.