Summary
The Louisiana Second Circuit Court of Appeal affirmed summary judgment dismissing United Financial Casualty Company from Tonya Parrott’s lawsuit arising from damage to her mobile home during a move. The court held that the truck used to move the home was not an insured auto under United’s commercial auto policy and that federal motor-carrier provisions did not require coverage. The court also upheld the denial of Parrott’s motion to compel and concluded that summary judgment was not premature.
Topics
Practice areas
Questions Presented
- Whether federal motor-carrier statutes and regulations created a genuine issue of material fact or otherwise required United to provide insurance coverage for the truck that moved Parrott's home.
- Whether the district court abused its discretion by denying Parrott's motion to compel and motion to continue while her FOIA request was pending.
- Whether genuine issues of material fact existed as to whether the 2011 Ford F-350 was an insured auto under United's policy.
Holdings
- The court declined to consider the federal-law argument because it was raised for the first time on appeal and held alternatively that the cited federal provisions imposed responsibilities on Pelican, not United, and therefore did not require United to provide coverage.
- The district court did not abuse its discretion by denying Parrott's motion to compel and motion to continue or by ruling on the summary-judgment motion while her FOIA request remained pending.
- There was no genuine issue of material fact that the 2011 Ford F-350 used to move Parrott's home was not an insured auto under United's policy, so United was entitled to summary judgment and dismissal from the action.
Key quotations
“A summary judgment is reviewed on appeal de novo, with the appellate court using the same criteria that govern the trial court’s determination of whether summary judgment is appropriate” (8)
“The policy is clear and unambiguous that coverage was not provided to the F-350 which moved Parrott’s home.” (10)
“For the foregoing reasons, we conclude that there is no genuine issue of material fact that the 2011 Ford F-350 which moved Parrott’s home was not an insured auto under the policy issued by United to Pelican.” (12)
Factual background
Parrott hired Pelican Port-A-Buildings, LLC, to dismantle and move her mobile home in Ouachita Parish in 2021, and alleged that the move severely damaged the home. A 2011 Ford F-350 was used to tow the home. United issued Pelican a commercial automobile policy covering vehicles listed on the declarations page, but the F-350 was not listed there and was insured under a Farm Bureau policy. Parrott disputed the truck's identifying information and argued that United's policy or federal law required coverage.
Procedural history
Parrott sued Pelican Port-A-Buildings, LLC, Daniel Edward Massey, and Progressive Insurance Company, later identified as United Financial Casualty Company, alleging that defendants damaged her mobile home during transport and breached their contract. The district court denied Parrott's motion to compel and motion to continue, granted United's motion for summary judgment, and dismissed United. The Louisiana Court of Appeal, Second Circuit, affirmed.