Summary judgments are a common tool in litigation to not only expedite the drawn out trial process, but they can also be used to cut down on the cost of a lawsuit. Yet, there are different standards about what kinds of documents can and cannot be considered when a party makes a motion for summary judgment. For two Baton Rouge individuals, their claims against an insurance company survived because of this technicality.
In June 2015, Brenda Jones was driving with her step-son, Mario Jones, Jr., when she stopped at an intersection on Florida Boulevard. Her car was rear-ended by Mr. Jason Anderson, a driver in another vehicle. After the accident, Mr. and Ms. Jones both sued Mr. Anderson for damages arising from the accident. GoAuto Insurance Company (GoAuto), Mr. Anderson’s car insurance provider, was also included in the lawsuit. In response to the lawsuit, GoAuto filed a motion for summary judgment and sought to have the claims against them dismissed. GoAuto claimed that Mr. Anderson’s car insurance had been cancelled in May 2015, a month prior to the accident, because Mr. Anderson had failed to pay for his insurance. Because of this, GoAuto said that it should not be liable since it was not Mr. Anderson’s car insurer when the car accident occurred.
Further, GoAuto claimed that Mr. Anderson’s insurance was financed through an insurance premium finance agreement between Mr. Anderson and Auto Premium Assistance Company (APAC). To support their claim, GoAuto provided the court with several documents, including affidavits by the company’s operations manager, Mr. Anderson’s insurance finance agreement, and email notices that were sent to Mr. Anderson informing him his insurance would be cancelled. In August 2016, the Nineteenth Judicial District Court granted GoAuto’s summary judgment, finding that GoAuto correctly cancelled Mr. Anderson’s insurance after he failed to pay and affirming that he did not have insurance when the accident occurred. Additionally, the trial court found that GoAuto did not have a legal duty to give Mr. Anderson a defense in the still-pending case against him. Mr. and Ms. Jones appealed.