A rear-end collision in Opelousas has led to a demonstration on how complex lawsuits concerning insurance companies can be. The Third Circuit Court of Appeal reversed a trial court’s decision regarding damages suffered in the accident, focusing on the amount owed to the plaintiffs by two different insurance companies.
The facts of the case are as follows: a vehicle operated by Ms. Rodgers, insured by Allstate Insurance, and owned by a Ms. Kennerson, rear-ended a vehicle operated by Ms. Bell, insured by Progressive Insurance, and owned by Compass LLC. The vehicle operated by Ms. Bell had an additional five passengers in the vehicle, while Ms. Rodgers was the sole occupant of the vehicle she was operating. Three of the passengers in Ms. Bell’s vehicle filed a Petition for Damages alleging entitlement to Uninsured Motorist Coverage (UM), naming Progressive as a defendant in its capacity as the UM insurer of the vehicle Bell was driing when the accident occurred. The other two passengers in Ms. Bell’s vehicle filed a Petition for Intervention, also naming Progressive as a defendant. Finally, Ms. Bell filed a Petition for Intervention, naming Rodgers, Allstate, and Progressive as defendants.
Compass LLC had purchased a combined single limit (CSL) auto insurance policy from Progressive which provided liability coverage in the amount of $1 million. In 2007, a Compass representative executed an Uninsured/Underinsured Motorist Bodily Injury (UMBI) Coverage Form issued by the Commissioner of Insurance in compliance with La. R.S. 22:680. The representative would testify he did not recall executing the form but identified his initials and signature on the form as his own. The form declared the representative selected UMBI Coverage to compensate for economic and non-economic losses with limits lower than any Bodily Injury Liability Coverage limits. Additionally, the term “$100,000” was inserted in a black preceding “each person”, with the word “person” scratched out and replaced by “CSL”.