Robinson v. Rockhill Insurance Co.
Robinson v. Rockhill Insurance Co.
Opinion of the Court
12Melvin Robinson appeals a judgment of the trial court granting Rockhill Insurance Company’s motion for summary judgment. For the reasons that follow, we affirm the judgment of the trial court.
FACTS AND PROCEDURAL HISTORY
Melvin Robinson filed a petition for damages against Magnolia Management Corporation, Community Care Center of Destrehan d/b/a Ormond Nursing & Care Center, Maria Blanchard, and their insur
Rockhill Insurance Company thereafter filed a motion for summary judgment arguing that its policy did not provide any coverage for the claims brought by Mr. Robinson against Magnolia Management Corporation, Community Care Center, and Ms. Blanchard. In particular, Rockhill Insurance Company asserted that the policy excluded coverage for claims by one insured against another insured, Exclusion (0(16) and (C)(20); the policy excluded coverage for willful misconduct and malicious and criminal acts by an insured, Exclusion (C)(1); and the policy excluded coverage for claims involving employment practices, Exclusion (C)(ll). In opposition to the motion, Mr. Robinson argued that the policy was ambiguous and against public policy.
Following a hearing, the trial court granted the motion for summary judgment and dismissed Mr. Robinson’s claims against Rockhill Insurance Company. Mr. Robinson now appeals the trial court’s granting of the summary judgment. In particular, Mr. Robinson argues that the trial court erred in finding that the acts alleged in the petition constituted willful and malicious conduct by Ms. Blanchard; that the trial court erred in finding that Ms. Blanchard was an employee of Or-mond Nursing & Care Center and, thus, a named insured; and that the trial court erred in finding that the exclusion for employment practices precluded coverage for the actions of Ms. Blanchard. For the reasons that follow, we find no merit to these arguments and affirm the trial court judgment that granted Rockhill’s motion for summary judgment.
\ .DISCUSSION
A motion for summary judgment is a procedural device used to avoid a full-scale trial when there is no genuine issue of material fact. Bell v. Parry, 10-369 (La.App. 5 Cir. 11/23/10), 61 So.3d 1, 2. The summary judgment procedure is designed to secure the just, speedy, and inexpensive determination of every action. LSA-C.C.P. art. 966(A)(2). The motion should be granted only if the pleadings, depositions, answers to interrogatories, and admissions, together with any affidavits, show that there is no genuine issue as to material fact and that the mover is entitled to judgment as a matter of law. LSA-C.C.P. art. 966(B)(2). Summary judgments are favored in the law and the rules should be liberally applied. Alexander v. Parish of St. John the Baptist, 09-840 (La.App. 5 Cir. 3/23/10), 33 So.3d 999, 1003, writ denied, 10-1289 (La.9/17/10), 45 So.3d 1056.
Appellate courts review a judgment granting or denying a motion for summary judgment de novo. Thus, appellate courts ask the same questions the trial court does in determining whether summary judgment is appropriate: whether there is any genuine issue of material fact, and whether the mover is entitled to judgment as a matter of law. Cutsinger v. Redfern, 08-2607 (La.5/22/09), 12 So.3d 945, 949.
The issue of whether an insurance policy, as a matter of law, provides or precludes coverage is a dispute that can
Having conducted a de novo review, we find that Rockhill Insurance Company met its burden of proving that the policy excluded coverage under the circumstances of this case. At the time of the incident, Rockhill Insurance Company issued a health care general liability policy to Magnolia Management Corporation. By endorsement, Community Care Center, d/b/a Ormond Nursing & Care Center, was an additional insured. The policy provided the following exclusion for claims by one insured against another insured:
C. Exclusions Applicable to All Insuring Agreements
As respects Insuring Agreement ... I.B., OCCURRENCE-BASED GENERAL LIABILITY, this Policy shall not apply to any Claim based on, arising out of, directly or indirectly resulting from, in consequence of, or in any way involving:
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16. Any Claim asserted by or on behalf of an Insured against another Insured; provided, however, that this Exclusion D.16 will not apply to preclude or limit coverage for an otherwise covered Claim based on, arising out of or in any way involving Peer Review;
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20. Any Claim made by one Insured against another Insured, unless based on, arising out of or in any way involving Peer Review[J (emphasis in original)
|fiThe policy defines “insured,” in pertinent part, as the named insured as well as “any Employee, but only while acting within the scope of his/her duties as sueh[.]” The policy further states: “Employee means a person who has been hired by the Insured to perform services, and who has an assigned work schedule and appears on the regular payroll of the Insured, with applicable federal, state and local taxes withheld. Employee does not include an Independent Contractor.” (emphasis in original)
In the petition, Mr. Robinson alleged that he was employed by Community Care Center of Destrehan d/b/a Ormond Nursing & Care Center and “was attending to a patient inside his room.” Thus, Mr. Robinson was acting in the scope of his employment duties at the time of the incident and was insured under, the terms of the insurance policy. The policy specifically excludes coverage for any claim by one insured against another insured unless based on or arising out of peer review. There has been no allegation that the claims by Mr. Robinson, in any way, involve peer review. Thus, Mr. Robinson’s claims against Magnolia Management Corporation and Community Care Center are clearly excluded from coverage.
Mr. Robinson’s claims are also excluded with regard to Ms. Blanchard. He alleged
Based on our conclusion that Mr. Robinson’s claims are excluded as claims by one insured against another insured, it is unnecessary to determine whether Ms. Blanchard’s actions were willful and/or malicious or whether Ms. Blanchard’s actions were considered employment practices.
DECREE
Having found that Mr. Robinson’s claims are excluded as claims by one insured against another insured, we affirm the judgment of the trial court granting Rockhill’s motion for summary judgment and dismissing Mr. Robinson’s claims against Rockhill Insurance Company.
AFFIRMED.
Reference
- Full Case Name
- Melvin ROBINSON v. ROCKHILL INSURANCE COMPANY, Magnolia Management Corporation, Community Care Center of Destrehan d/b/a Ormond Nursing and Care Center, and Maria Blanchard
- Cited By
- 4 cases
- Status
- Published