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Thiels v. American International South Insurance Co.12/10/2003
PUBLISHED
AFFIRMED.
Deborah Banks (Banks), the plaintiff in this personal injury case, appeals a judgment rendered by the trial court in a concursus proceeding invoked by American International South Insurance Company (AIS) in connection with a motor vehicle accident that occurred on August 21, 2001, in Rapides Parish. The accident resulted in the death of Robert Thiels (Robert). The trial court's judgment held that the language of the AIS policy provided $10,000.00 "per person" claim coverage to each of Robert's children, Charles Thiels, Ralph Thiels, Harvey Thiels, Darrell Thiels and Janel Thiels Gaines (the Thiels), subject to the $20,000.00 "per accident" maximum limit. Banks, the guest passenger in the vehicle driven by the tortfeasor, appeals that judgment. We affirm.
I. ISSUE
The issue in this case is whether survival, wrongful death and personal injury actions that arise out of the same accident entitle the heirs of the deceased and the tortfeasor's injured guest passenger to the "per person" coverage for each claimant, subject to the $20,000.00 "per accident" maximum, or whether the language of the liability policy limits the heirs to the "per person" policy limit of $10,000.00 to share among the five heirs, leaving another $10,000.00 "per person" limit to the guest passenger who was injured in the accident.
II. FACTS
The facts of the accident giving rise to the present case are not in dispute. On August 21, 2001, at the intersection of Louise Street and the west service road along MacArthur Drive in Alexandria, Louisiana, Robert had the right of way and was driving on Louise Street through the intersection. A vehicle operated by Michael Thibodeaux (Thibodeaux) was on the service road and failed to yield in accordance with the yield sign, causing Robert's vehicle to collide with Thibodeaux's vehicle. As a result of the injuries he received from the accident, Robert was taken to Rapides Regional Medical Center by ambulance. He died there on August 31, 2001.
Robert had five children who each asserted wrongful death and survival action claims against Thibodeaux and his insurer, AIS. Banks, who was a guest passenger in Thibodeaux's vehicle, was also injured. She asserted a personal injury claim against Thibodeaux as a result of his negligence. AIS provided a liability insurance policy with bodily injury limits of $10,000.00 per person subject to a maximum of $20,000.00 per accident. Both Banks and the Thiels filed cross motions for summary judgment in the trial court. The issue was whether the AIS policy provides $10,000.00 per person claim coverage to each of the five Thiel children subject to the $20,000.00 per accident cap or whether the five Thiel children are subject, collectively, to a $10,000.00 per person limit. The trial court decided in favor of the Thiels, finding that the policy issued by AIS provides $10,000.00 per person coverage to each of the five Thiel heirs subject to the $20,000.00 per accident maximum. It is from this judgment that Banks appeals.
III. LAW AND DISCUSSION
Summary Judgment
In Louisiana, summary judgment is now favored and it shall be used to secure the just, speedy, and inexpensive determination of all actions, except those specifically excluded in La.Code Civ.P. art. 969. La.Code Civ.P. art. 966(A)(2). A summary judgment shall be rendered if the pleadings, depositions, interrogatory responses, and admissions, together with any affidavits, show that there is no genuine issue of material fact and that the mover is entitled to judgment as a matter of law. La.Code Civ.P. art. 966(B). Material facts are those that have the potential to insure or
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