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Carrier v. Nobel Insurance Co.2/6/2002
, asserts that the trial court erred when it included Nobel as a solidary obligor for the entire amount of the judgment awarded to the Plaintiffs. We have reviewed the judgment and find it to be silent as to whether Nobel Insurance Company is solidarily liable for the entire amount of the judgment. However, out of an abundance of caution, we will address this issue.
Generally, an insurer is solidarily liable with the insured. However, when a policy has specific language limiting the liability of the insurer, the insurer may only be found to be solidarily liable up to the policy limits. Brannon v. Shelter Mut. Ins. Co., 520 So.2d 984 (La.App. 3 Cir. 1987). Upon review, we find that the policy in question does limit the insurer's liability. Due to this policy language, we find Nobel Insurance Company to be solidarily liable only up to its policy limits.
Decree
For the forgoing reasons, we affirm the trial court's determination that Carrier's injuries were caused by the March 12, 1997, accident. Furthermore, we find Nobel Insurance Company to be solidarily liable only up to it policy limits. Finally, we amend the judgment and award damages to Carrier as follows:
Past and future pain and suffering $850,000.00
Loss of enjoyment of life $300,000.00
Permanent disability and disfigurement $9,000.00
Past medical expenses $75,540.00
Future medical expenses $750,000.00
Past lost wages $5,000.00
Loss of earning capacity $500,000.00
All costs of appeal are assigned to the Defendants.
AFFIRMED AS AMENDED.
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