Safeway Insurance Company Of Louisiana v. Government Employees Insurance Company

Supreme Court of Louisiana
December 21, 2021
Chief Deputy Clerk of Court
For the Court
The Supreme Court of the State of Louisiana
SAFEWAY INSURANCE COMPANY OF
LOUISIANA
VS.
GOVERNMENT EMPLOYEES INSURANCE
COMPANY
No. 2021-C-01382
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_ _ _ _
I
N RE: GEICO-Government Employees Insurance Company - Applicant
Defendant; Applying For Writ Of Certiorari, Parish of Bienville, 2nd Judicial
District Court Number(s) 45- 160, Court of Appeal, Second Circuit, Number(s)
54,087-CA;
_ _ _ _ _ _
December 21, 2021
Writ application granted. See per curiam.
JBM
JLW
JDH
SJC
JTG
WJC
PDG
12/21/2021 "See News Release 051 for any Concurrences and/or Dissents."

SUPREME COURT OF LOUISIANA
No. 2021-C-01382
SAFEWAY INSURANCE COMPANY OF LOUISIANA
VS.
GOVERNMENT EMPLOYEES INSURANCE COMPANY
On Writ of Certiorari to the Court of Appeal, Second Circuit, Parish of Bienville
PER CURIAM:
Writ Granted. We remand this matter to the court of appeal for a decision on
the merits of the motion for summary judgment at issue. Louisiana Code of Civil
Procedure article 966(F) provides, “A summary judgment may be rendered or
affirmed only as to those issues set f orth in the motion under consideration by the
court at that time.” Additionally, the 2015 comments to Article 966 state,
“Paragraph F makes clear that, in deciding a motion for summary judgment, a court
can consider only the issues raised in the motion or opposition filed by the parties.
The court cannot rule on issues not raised by the parties.”
Government Employees Insurance Company alleged the vehicle at issue in
this matter was “non -owned,” per its policy provisions. Under the summary
judgment proce dure, the burden then shifted to Safeway Insurance Company of
Louisiana to present evidence rebutting that factual allegation, which it failed to do.
Thus, the vehicle’s classification was not a genuine issue of material fact. Moreover,
neither party arg ued the classification of the vehicle as a “temporary substitute
vehicle;” and in fact, Safeway Insurance Company of Louisiana even conceded to
this Court that it did not pursue such an argument as it had strategically abandoned
such argument. Thus, the sole matter for the court of appeal to consider was whether
the “non -owned” vehicle was afforded primary coverage under the Government
12/21/21

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Employees Insurance Company policy, primary coverage under the Safeway
Insurance Company of Louisiana policy, or jointly under both policies.
Accordingly, we remand for the court of appeal to address only the issues
raised in the motion and opposition filed by the parties.
WRIT GRANTED; COURT OF APPEAL RULING VACAT ED; AND
REMANDED.