In an insurance coverage dispute following a car accident, the Louisiana Third Circuit affirmed a judgment finding that the plaintiff was not insured under either insurance policy, and it dismissed her claims against the insurance company. A “garage policy” had been issued to a car dealership that provided uninsured motorist coverage and medical payment coverage. The issue in this case was whether the plaintiff was in fact “insured” for the purposes of UM coverage. Specifically, the court here looked at the policy language defining coverage and whether the definition of “insured” violated Louisiana law.
In Lake Charles, Louisiana, in August 2013, the plaintiff in this case was involved in a two-car auto accident on I-210. She contended that she suffered injuries as a result of the accident. At the time of the accident, the plaintiff had been driving a borrowed car from Service Chevrolet, while her own car underwent repairs. A “garage policy” had been issued to Service Chevrolet, and the car driven by the plaintiff was a “covered auto” under the policy.
The plaintiff settled her claims against the other driver and the other driver’s insurer. She then pursued a claim against the insurance company for Service Chevrolet for the remaining damages under the uninsured/underinsured (UM) “garage policy” and the medical payments coverage. The insurer moved for summary judgment, contending that the plaintiff was not “insured” because she maintained her own insurance. The trial court agreed and granted summary judgment. The plaintiff appealed.