PRINCETON JUMPER Plaintiff-Appellant
v.
STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY Defendant-Appellee
No. 54, 184-CA
Court of Appeals of Louisiana, Second Circuit
March 9, 2022
Appealed from the Bastrop City Court for the Parish of Morehouse, Louisiana Trial Court No. 26260-19 Honorable Phillip Murray Lester, Judge
ANTHONY J. BRUSCATO COUNSEL FOR APPELLANT
DAVENPORT, FILES & KELLY BY: CAREY BRAD UNDERWOOD STEPHEN P. DILLON GRANT M. TOLBIRD COUNSEL FOR APPELLEE
Before COX, THOMPSON, and O'CALLAGHAN (Pro Tempore), JJ.
O'CALLAGHAN, J. (Pro Tempore)
In this case involving an insurance claim for medical payments and uninsured motorist ("UM") coverage, the plaintiff, Princeton Jumper, appeals a summary judgment granted in favor of the defendant, State Farm Mutual Automobile Insurance Company ("State Farm"). For the reasons expressed below, we affirm the trial court judgment.
FACTS AND PROCEDURAL HISTORY
The plaintiff was injured while traveling as a passenger in a friend's car. Neither his mother nor her boyfriend was present for or involved in the accident. None of the vehicles in the accident were owned by Jumper, his mother, or her boyfriend. He is now attempting to recover under an automobile policy which was issued to his mother's boyfriend and defines a "resident relative" as someone who lives with the named insured and is related to the named insured "by blood, marriage, or adoption." The undisputed facts below were gleaned from the pleadings and various exhibits submitted in support of the motions for summary judgment, particularly Jumper's June 2019 deposition and the affidavits submitted by his mother and her boyfriend.
Jumper, who was born in 1993, has lived with his mother, Princess Murry, his entire life. Since he was approximately 11 years old, his mother has been in a relationship with Harry Moore. Moore began residing with Murry and her son in about 2008. However, Moore and Murry have never married as Murry is married to someone else. In late 2013, Murry experienced problems with her car. As a result, Moore decided to buy her a new vehicle as a gift. They selected a Ford Fusion, which Moore bought and financed in January 2014; the title to the car was in his name. As part of
his gift, Moore decided to pay for insurance on the vehicle. To that end, he contacted his State Farm agent, Ron Bush. The State Farm application listed Moore as the registered owner of the Ford Fusion and Murry as its principal operator.
The policy declarations page on the Fusion for policy period January 24, 2014, to July 2, 2014, listed only Moore as the named insured. [1] The Definitions section of the policy contains the following relevant provisions:
Non-Owned Car means a car that is in the lawful possession of you or any resident relative and that neither
1. is owned by
a. you;
b. any resident relative[.] . . .
Resident Relative means a person, other than you, who resides primarily with the first person shown as a named insured on the Declarations Page and who is:
1. related to that named insured or his or her spouse by blood, marriage, or adoption[.] . . .
You or Your means the named insured or named insureds shown on the Declarations Page. If a named insured shown on the Declarations Page is a person, then "you" or "your" includes the spouse of the first p erson shown as a named insured if the spouse resides primarily with that named insured.
Under Medical Payments Coverage, the following additional definition is found:
Insured means:
1. you and resident relatives:
a. while occupying:
(4) a non-owned car[.]
The Insuring Agreement pertaining to medical payments coverage states as follows:
We will pay:
1. medical expenses incurred because of bodily injury that is sustained by an insured and caused by a motor vehicle accident[.]
The Uninsured Motor Vehicle Coverage section contains the following relevant provisions:
Additional Definitions
Insured means:
1. you;
2. resident relatives;
3. any other person while occup ying:
a. your car;
b. a newly acquired car;
c. a temporary substitute car; or
d. a rental private passenger car rented to you.
Insuring Agreements
1. Under Uninsured Motor Vehicle Coverage, we will pay nonpunitive damages for bodily injury an insured is legally entitled to recover from the owner or driver of an uninsured motor vehicle. [Emphasis in original.]
In May 2018, Moore paid off the Fusion. On May 31, 2018, he donated the car to Murry, who then had the title put in her name. However, on May 1, 2018, while the car title was still in Moore's name, Jumper was in an auto accident while a guest passenger in a friend's vehicle. Jumper collected an amount from the tortfeasor's insurer which was allegedly insufficient to compensate him for his injuries. As a result, he made a claim for medical payments coverage under the State Farm policy covering his mother's vehicle. State Farm denied the claim on the basis that Jumper was not a "resident relative" of the named insured, Moore.
On January 7, 2019, Jumper filed suit against State Farm, asserting that its denial of his claim for medical payments was arbitrary, capricious, without probable cause, and lacking in good faith. He requested penalties and attorney fees. On March 11, 2019, State Farm filed an answer in which it asserted that it issued an auto policy to Moore covering a Dodge Ram truck and a Ford Fusion. It further alleged that its policy defined "resident relative" as a person related to Moore "or his or her spouse by blood, marriage or adoption." Because Jumper was occupying a non-owned car and was not related to Moore by blood, marriage, or adoption, State Farm alleged that its policy did not provide coverage for medical payments to him. On April 16, 2019, Jumper filed an amended petition in which he additionally alleged...
