Opinion
NO. 2014 CW 1279
10-22-2014
GAYTON MONTGOMERY v. TERESA REESE, ET AL.
In Re: Louisiana Farm Bureau Casualty Insurance Company, applying for supervisory writs, 19th Judicial District Court, Parish of East Baton Rouge, No. 623413.
BEFORE: PARRO, KUHN AND CRAIN, JJ.
WRIT GRANTED. Where the insurance policy at issue is clear and expresses the intent of the parties, the agreement must be enforced as written. Absent a conflict with statutory provisions or public policy, insurers are entitled to limit their liability and to impose and enforce reasonable conditions on the policy obligations they contractually assume. Schafer v. Summers, 2012-0730 (La. App. 1st Cir. 2/15/13), 113 So.3d 219, 224. A review of Farm Bureau's policy reflects that the uninsured/underinsured motorist provision excluded insurance coverage for vehicles that were "regularly used" by the insured but not listed in the declarations of the policy. Plaintiff Gayton Montgomery's deposition testimony established that he had been assigned the Chevy Impala by his employer for his use at least a year before the accident, he utilized the vehicle for his work four days each week, and he drove the vehicle home each day at the end of his workday. Thus, Mr. Montgomery regularly used the vehicle as contemplated by the exclusionary language of the policy. We reject Mr. Montgomery's argument that "personal use" is synonymous with "regular use." Therefore, it is clear that there are no genuine issues of material fact and Farm Bureau is entitled to judgment as a matter of law. Accordingly, the trial court's August 21, 2014 judgment denying Louisiana Farm Bureau Casualty Insurance Company's motion for summary judgment is reversed and the summary judgment is granted, dismissing Mr. Montgomery's claims against Farm Bureau with prejudice.
WJC
RHP
JEK
COURT OF APPEAL, FIRST CIRCUIT /s/_________
DEPUTY CLERK OF COURT
FOR THE COURT