135 So. 3d 1198
La. Ct. App.2014Background
- Regina and Darren cohabitated at 2816 Lloyds Avenue, Chalmette, for eight to twelve years.
- Hurricane Katrina struck on August 29, 2005, destroying the residence and contents, including Regina’s movables.
- Darren had a flood insurance policy with Fidelity National; Regina initially helped prepare the contents loss list that included her items.
- Fidelity paid Darren $50,000 for contents; Regina demanded $29,375 of the proceeds for her property; Darren refused.
- Regina filed a conversion suit claiming Darren used her property’s value to inflate his own contents claim.
- The trial court denied Regina’s conversion claim; the appellate court affirmed, holding Regina failed to prove conversion and that she was not an insured under the policy.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was there manifest error in failing to find conversion? | Regina asserts Darren’s inclusion of her property in his claim constitutes conversion. | Darren did not dispossess Regina or exercise dominion; the property was destroyed and Regina ratified the listing. | No manifest error; Regina did not prove conversion. |
| Can Regina recover any proceeds as an insured or beneficiary? | Regina contends she is an insured or household member entitled to proceeds for her property. | Regina failed to prove insured status; SFIP coverage is limited to the named insured and household members, which she did not demonstrate. | Regina failed to establish insured status; no recovery. |
Key Cases Cited
- Quealy v. Paine, Webber, Jackson & Curtis, Inc., 475 So.2d 756 (La.1985) (conversion requires unlawful interference with ownership/possession)
- Dual Drilling Co. v. Mills Equipment Investments, Inc., 721 So.2d 853 (La.1998) (definitions/concepts of conversion and its actions)
- Aymond v. State, Dept. of Revenue and Taxation, 672 So.2d 273 (La.App. 1 Cir. 1996) (estoppel/waiver defenses in conversion context)
- Kinchen v. Louie Dabdoub Sell Cars, Inc., 912 So.2d 715 (La.App. 5 Cir. 2005) (elements of conversion and owner rights)
- Stobart v. State, Dept. of Transp. and Development, 617 So.2d 880 (La.1993) (standard of review for trial court factual findings)
- Rosell v. ESCO, 549 So.2d 840 (La.1989) (manifold principles of appellate review of law and facts)
- Cannizzaro ex rel. State v. American Bankers Ins. Co., 120 So.3d 853 (La.App. 4 Cir. 2013) (standard for review of questions of law)
- Winston v. Millaud, 930 So.2d 144 (La.App. 4 Cir. 2006) (legal correctness of trial court's conclusions)