LeRoyal L. Stevenson and Yolanda Stevenson v. Brady Joseph Miles and National Union Fire Insurance Company of Pittsburgh, P.A.

STATE OF LOUISIANA

COURT OF APPEAL, FIRST CIRCUIT

LEROYAL L. STEVENSON AND NO. 2024 CW 0356
YOLANDA STEVENSON

VERSUS

BRADY JOSEPH MILES AND
NATIONAL UNION FIRE
INSURANCE COMPANY OF
PITTSBURGH, PA

CONSOLIDATED WITH

LLOYD THOMAS

VERSUS JULY 18, 2024

GOAUTO INSURANCE COMPANY, ET
AL

In Re: GoAuto Insurance Company, applying for supervisory
writs, 23rd Judicial District Court, Parish of
Ascension, No. 134894 c/w 136123.

BEFORE: WOLFE, HESTER, AND MILLER, JJ.

WRIT GRANTED IN PART AND DENIED IN PART. The March 22, 2024
judgment denying the motion for summary judgment filed by GoAuto
Insurance Company ( " GoAuto") is reversed in part. In seeking
coverage under an insurance policy, Louisiana law places the burden
on the plaintiff to establish every fact essential to recovery and
to establish that the claim falls within the policy coverage.
Parekh v. Mittadar, 2011- 1201 ( La. App. 1st Cir. 6/20/ 12), 97 So.3d
433, 437. On de novo review, we find plaintiff failed to produce
factual support sufficient to establish the existence of a genuine
issue of material fact or that GoAuto is not entitled to judgment
as a matter of law as to its liability for coverage.of the alleged
acts of Brady Miles. The GoAuto policy limits liability coverage
to damages for which a " covered person" is legally liable. Brady
Miles was not a" covered person" as defined by the GoAuto policy
as the U-Haul truck was not shown to be a temporary substitute
vehicle for the insured auto, Michell's 2017 Ford Mustang.
Therefore, summary judgment is granted in favor of GoAuto Insurance
Company, dismissing the claim of plaintiff, Lloyd Thomas,
asserting coverage under the GoAuto policy for damages caused by
the alleged acts of Brady Miles. The writ is denied as to the
potential liability of GoAuto for coverage of the alleged acts of
Michell Thomas. Summary judgment may be rendered only as to those
issues set forth in the motion under consideration by the court.
See La. Code Civ. P. art. 966(F).

EW
CHH
SMM

COURT OF APPEA~FIRST CIRCUIT

K~
FOR THE COURT