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Y'Barbo v. Diamond11/3/2000
Disposition: AFFIRMED.
This appeal addresses whether a rental dwelling policy provides liability coverage to the named insured defendants for injuries allegedly arising out of their use of a residence as lessees. The trial court concluded the policy did not afford coverage and granted the insurer's motion for summary judgment. Plaintiffs have appealed. We affirm.
I. FACTS AND PROCEDURAL BACKGROUND
Plaintiffs, R. and C. Y'Barbo, A. and Y. Robichaux, and R. and T. Underwood, filed suit individually and on behalf of their respective minor children, H. Y'Barbo, J. Robichaux, and S. Underwood. David M. Diamond, Sr., his wife, Diane Diamond; and ABC Insurance Company, the Diamond's unknown insurer; were among the named defendants. State Farm Fire and Casualty Company ("State Farm") responded to the petition, identifying itself as the Diamonds' insurer, but asserted that the policy issued to the Diamonds did not provide coverage for the claims asserted by plaintiffs.
Plaintiffs alleged that during 1997 and 1998, another defendant, Brian Yost, engaged in various acts of inappropriate sexual conduct with the minor children. Plaintiffs asserted that during September of 1997 (and specifically on September 26, 1997), Yost had sexual encounters with each of the children while at the Diamonds' residence, located at 16342 Caesar Ave. ("Caesar Ave. property") in Baton Rouge, Louisiana.
The petition further asserts that Yost was employed by defendant, Redeeming Word of Life Academy ("the Academy") and/or Redeeming Word of Life Church, Incorporated, ("the Church") as a teacher, coach and youth ministry supervisor, that Mrs. Diamond was a teacher employed by the Academy and a supervisor of Yost, and that Mr. Diamond was the administrator and pastor of the Church and an administrator of the Academy and of Yost. At the time of the alleged incidents, the minor children were members of the Church congregation and two of them were enrolled as students at the Academy. Plaintiffs allege that the Diamonds had knowledge of Yost's conduct and were negligent in: 1) employing Yost; 2) failing to properly supervise Yost; 3) permitting Yost to perform in a supervisory role with young children in social gatherings relating to the Church and the Academy; 4) failing to report incidents of sexual abuse; and 5) failing to warn plaintiffs of the unreasonable risk of harm that Yost presented to the children.
State Farm filed a motion for summary judgment, urging that the only State Farm policy in effect on the applicable date of loss identified in the petition was a rental dwelling policy issued to the Diamonds. State Farm urges the policy provides coverage for property located at an address other than the address at which plaintiffs claim the alleged loss occurred. In support of the motion, State Farm submitted Mr. Diamond's affidavit. The affidavit states that on September 26, 1997, Mr. and Mrs. Diamond resided in but did not own the Caesar Avenue property; they occupied the home as lessees. Also as of that date, Mr. Diamond owned another house located at 9398 W. Coronado Drive ("Coronado Drive property"), in Baton Rouge, Louisiana, in which neither he nor Mrs. Diamond resided. State Farm asserts the rental dwelling policy provides coverage for the Coronado Drive property but does not provide coverage for the Caesar Ave. property. State Farm urged there is no genuine issue of material fact and it is entitled to judgment as a matter of law.
The trial court granted the motion for summary judgment. In oral reasons, the court addressed the various types of coverage available to insure property and explained why the rental dwelling policy did not afford coverage t
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