| |This case involves an uninsured motorist carrier who seeks to enforce its policy language allowing it to reduce any amount payable under its uninsured motorist coverage by any amount paid to or on behalf of its injured insured pursuant to the workers’ compensation law. For the reasons that follow, we conclude the uninsured motorist carrier and the workers’ compensation insurer are solidary obligors such that payment by one solidary obligor extinguishes the obligation of the other solidary obligor to the extent of the payment. We further conclude the collateral source rule does not apply to оverride the principles of solidary liability expressly set forth in the Civil Code. Because we find the injured party is provided full recovery of those damages paid by the workers’ compensation insurer even when the uninsured motorist carrier is allowed to reduce its payments by the amounts paid by the | {¡workers’ compensation insurer, we conclude the policy language is not against public policy and is enforceable.
Facts and Procedural History
Plaintiff, Mary Cutsinger, instituted the present action in the Pineville City Court against defendants, Laura Redfern (“the tortfeasor”), and her supposed automobile liability insurer, USAgencies Casualty Insurance Company (“USAgencies”), for damages she allegedly sustained in a motor vehicle accident on December 12, 2006. Plaintiffs uninsured motorist carrier, State Farm Mutual Automobile Insurance Company (“State Farm”), was also named as a defendant. At the time of the accident, plaintiff was in the course and scope of her employment. Accordingly, she was subsequently provided workers’ compensation benefits by her employer.
USAgencies answered the petition and generally denied its allegations. It further
Subsequently, plaintiff filed a motion for summary judgment asserting there was no question of material fact and judgment should be rendered finding that Laura Redfern, the tortfeasor, was solely liable for the accident at issue, that State Farm issuеd a policy of automobile liability insurance to plaintiff that provides uninsured motorist coverage for the accident at issue, that at the time of the accident Laura [sRedfern, the tortfeasor, was uninsured, and that State Farm is not entitled to a credit nor is it allowed to reduce the uninsured motorist coverage afforded plaintiff by any payments that may be made by plaintiff s employer or its workers’ compensation carrier. After a hearing, the trial court granted summary judgment as to liability, finding that the tortfeasor was solely at fault in causing the accident, that the tortfeasor was an uninsured motorist at the time of the аccident, and that State Farm provided uninsured motorist coverage at the time of the accident to plaintiff. Further, the trial court granted summary judgment as to the issue of credit, finding that State Farm is not allowed to reduce the uninsured motorist benefits by any workers’ compensation payments made to plaintiff.
State Farm appealed that portion of the judgment prohibiting it from reducing the uninsured motorist benefits by the amount of workers’ compensation benefits paid to plaintiff. The court of appeal affirmed the trial court’s grant of summary judgment in favor of plaintiff on this issue.
Cutsinger v. Redfern,
We granted certiorari to consider the correctness of the court of appeal’s judgment.
Cutsinger v. Redfern,
08-2607 (La.1/16/09),
A motion for summary judgment will be granted “if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to material fact and that mover is entitled to judgment as a matter of law.” La. C.C.P. art. 966(B). The summary judgment procedure is favored and is designed to secure the just, speedy, and inexpensive determination of actions. La. C.C.P. art. 966(A)(2). Appellate courts review a judgment granting or denying a motion for summary judgment
de novo. Bonin v. Westport Ins. Corp.,
05-0886, p. 4 (La.5/17/06),
It is well-settled that an insurer may limit liability and impose reasonable restrictions upon its policy obligations provided that such limitations do not conflict Iswith statutory provisions or public policy.
Bonin,
05-0886 at p. 5,
No automobile liability insurance covering liability arising out of the ownership, maintenance, or use of any motor vehicle shall be delivered or issued for delivery in this state with respect to any motor vehicle designed for use on public highways and required to be registered in this state or as provided in this Section unless coverage is provided therein or supplemental thereto, in not less than the limits of bodily injury liability provided by the policy, under provisions filed with and approved by the commissioner of insurance, for the protection of person insured thereunder who are legally entitled to recover nonpunitive damages from owners or operators of uninsured or underinsured motor vehicles because of bodily injury, sickness, or disease, inсluding death resulting therefrom; however, the coverage required under this Section is not applicable when any insured named in the policy either rejects coverage, selects lower limits, or selects economic-only coverage, in the manner provided in Item (l)(a)(ii) of this Section.
An uninsured motorist insurer’s liability “is conditioned by the tortfeasor’s total or partial lack of liability insurance, the type of damage [the tortfeasor] has caused and any limits in the insurer’s policy that are permitted by law.”
Hoefly v. Government Employees Ins. Co.,
| (¡To carry out the objective of providing reparation for persons injured through no fault of their own, the statute is liberally construed.
Taylor v. Rowell
The uninsured motorist coverage that plaintiff purchased from State Farm contains a provision that any amount due under the policy’s uninsured motorist provisions shall be reduced by any amount paid pursuant to the workers’ compensation law. Specifically, the policy provides, under its uninsured motorist coverage, that the insurer will pay nonpunitive damages for bodily injury an insured is legally entitled to collect from the owner or driver of an uninsured motor vehicle. The policy further provides:
Limits of Liability Under Coverage U
[uninsured motorist coverage]
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2. Any amount payable under this coverage shall be reduced by any amount paid or payable to or for the insured:
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b. under any workers’ compensation, disability benefits, or similar law.
This does not reduce the limits of liability of this coverage.
The language of this provision is clear and unambiguous. It provides that any damages for bodily injury for which the uninsured tortfeasor is liable that are also paid or payable to the insured under any workers’ compensation law, such as lost wages and medical benefits, will not be paid under the insured’s uninsured motorist coverage. This reduction, however, will not reduce the limits of liability of the uninsured motorist coverage.
Plaintiff contends the uninsured motorist statute does not allow the insurer to 17reduce uninsured motorist benefits by the amount of workers’ compensation benefits paid to the insured. Plaintiff asserts the contract language is therefore in derogation оf state law. She argues it would be a clear violation of public policy to allow a credit to an uninsured motorist insurer for workers’ compensation benefits paid to an insured. State Farm, on the other hand, contends plaintiff contracted for the credit and no statute prohibits it from asserting the credit.
In
Bellard v. American Central Ins. Co.,
07-1335 (La.4/18/08),
Louisiana Civil Code article 1794 provides the following with respect to a soli-dary obligation:
An obligation is solidary for the obligors when each obligor is liable for the whole performance. A performance rendered by one of the solidary obligors relieves the others of liability toward the obligee.
After observing these previous decisions in which we have found the existence of solidary obligations between an uninsured motorist carrier and a tortfeasor and between an employer sued for workers’ compensation benefits and a third par-tytortfeasor, we concluded in
Bellard
that “an analysis of the respective obligations of the uninsured motorist carrier and the employer and/or its workers’ compensation insurer leads to the conclusion that the requirements for a solidary obligation between these entities are satisfied.”
Bel-lard,
07-1335 at p. 11,
In the instant case, the same analysis applies and we conclude the uninsured motorist carrier and the workers’ compensation insurer are solidary obligors. The fact that the uninsured motorist coverage was procured by plaintiff in this case rath
Because the uninsured motorist carrier and the workers’ compensation insurer are solidary obligors, payment by one obligor relieves the other obligor of liability toward the obligee. When the workers’ compensation insurer pays benefits to plaintiff in the form of lost wages and medical expenses, the liability of the uninsured motorist carrier towards the plaintiff for those same lost wages and medical expenses is discharged. Consequently, the uninsured motorist carrier is no longer liable to plaintiff for the lost wages and medical expenses paid by the workers’ compensation insurer, and is entitled to reduce the payments owed under its uninsured motorist coverage by the amount of benefits paid by the workers’ compensation insurer. Plaintiff has fully recovered those damagеs, and the underlying purpose of the uninsured motorist law, which “is to promote and effectuate complete reparation, no more or no less,”
Hoefly,
This court has twice concluded that the collateral source rule does not apply to override the principles of solidarity expressly provided by the Civil Code.
Bellard,
07-1835 at p. 23,
Applying the foregoing principles, we concluded in
Bellard
that two primary considerations are guiding with respect to the collateral source rule: (1) whether application of the rule will further the major policy goal of tort deterrence; and (2) whether the victim, by having a collateral source available as a source of recovery, either paid for such benefit оr suffered some diminution in his patrimony because of the availability of the benefit such that no actual double recovery would result from application of the rule.
Bellard,
07-1335 at pp. 20-21,
In discussing the applicability of the collateral source rule to the facts of the instant case, the court of appeal majority distinguished Bellard on the basis that the uninsured motorist coverage in that case was provided by the plaintiffs employer, and focused solely on the fact that plaintiff herself paid for the uninsured motorist coverage. Based on this distinction, the court concluded plaintiff would not be receiving a doublе recovery if the reduction in uninsured motorist payments was disallowed. Consequently, it found the collateral source rule applied and refused to allow plaintiffs uninsured motorist carrier to reduce its payments to plaintiff by the amount of workers’ compensation benefits she had received.
In examining the applicability of the collateral source rule, the majority of the
Turning to the consideration of whether the victim paid for the collateral source such that no actual double recovery would result from application of the rule, we note that in
Bellard
we considered the collateral source to be the workers’ compensation benefits since it was the uninsured motorist carrier, rather than the tortfeasor or the plaintiff, who sought the credit. In the instant case, plaintiff did not sustain a diminution in her patrimony because of the availability of workers’ compensation benefits and could therefore be said to receive a windfall or double recovery of lost wages and medical benefits if the collateral source rule is applied to prohibit the credit for those benefits paid by the workers’ compensation insurer. Here, no right of reimbursement or subrogation exists in favor of the workers’ compensation insurer to prevent a double rеcovery. The terms of the uninsured motorist coverage purchased by plaintiff provide that there is no uninsured motorist coverage to the extent it benefits any workers’ compensation insurance company. This policy language has been held to be enforceable and not against public policy.
Travelers Ins. Co. v. Joseph,
95-0200, p. 11 (La.6/30/95),
Plaintiff contends, however, and the court of appeal agreed, that she did pay for her own uninsured motorist coverage, which is a collateral source, and therefore | lficannot be said to receive a windfall or double recovery if the collateral source rule is applied to disallow the credit. Even if we were to find an analysis of the uninsured motorist coverage as the collateral source is proper when that entity is the one seeking a credit for benefits paid by a workers’ compensation insurer, we
Application of the collateral source rule in this case would not further the major policy goal of tort deterrence and we cannot find that application of the rule would not result in a windfall or double recovery to plaintiff. Further, this court has specifically stated that the collateral source rule does not apply to override the principles of solidarity expressly provided by our Civil Code. In light of these facts, we conclude the collateral source rule should not be аpplied in this case.
In the instant case, plaintiffs uninsured motorist carrier and her employer’s workers’ compensation insurer are solidary ob-ligors such that payment by one solidary obligor extinguishes the obligation of the other solidary obligor to the extent of the payment. Payment by the workers’ compensation insurer of lost wages and medical benefits fully compensates plaintiff for those damages. The collateral source rule does not apply to override the principles of solidarity. We find the language | ^contained in the uninsured motorist policy allowing the carrier to reduce uninsured motorist benefits by the amount of workers’ compensation benefits paid to the insured is not against public policy and is enforceable.
3
Thus, the uninsured motorist carrier is entitled to reduce its payments under the uninsured motorist coverage by any amount paid to or on behalf of plaintiff by the workers’ compensation insurer.
4
Consequently, the lower courts
Decree
For the foregoing reasons, we find the lower courts’ judgments granting summary judgment in favor of plaintiff insofar as they refused to allow the uninsured 117motorist carrier a credit for the benefits paid to or on behalf of plaintiff by the workers’ compensation insurer were in error. The judgment of the court of appeal is reversed. The case is remanded to the trial court for it to conduct further proceedings not inconsistent with this opinion.
REVERSED AND REMANDED.
Notes
. One judge concurred in part and dissented in part from the court's ruling.
. Plaintiff argues that the tortfeasor is benefit-ted when the collateral source rule is not applied and the uninsured motorist carrier is allowed the credit because the uninsured motorist’s subrogation claim against the tortfea-sor would be lessened. While it is true that allowing the credit would decrease the amount the uninsured motorist carrier could seek to recover from the tortfeasor, the tort-feasor would be subject to a claim of reimbursement by the workers’ compensation insurer for the benefits paid to or on behalf of the victim. See La. R.S. 23:1101.
. We have explained that plaintiff’s uninsured motorist carrier and her employer's workers' compensation insurer are solidary obligors such that payment by one solidary obligor extinguishes the obligation of the other soli-dary obligor to the extent of the payment. Plaintiff is fully compensated for her damages and the obligatiоn of the uninsured motorist carrier is extinguished only when the workers’ compensation insurer actually pays benefits due under the workers’ compensation law. The uninsured motorist policy provides that any amount payable under the uninsured motorist coverage shall be reduced by any amount paid or payable to the insured under any workers' compensation law. Because the solidary obligation is extinguished only when the workers' compensation insurer pays the benefits owed to plaintiff, the language "or payable” is not properly enforceable and should be stricken.
. In
Travelers Ins. Co. v. Joseph,
95-0200 (La.6/30/95),
Along these same lines, plaintiff points out that when her uninsured motorist carrier tendered payment it took a credit for the workers' compensation benefits previously paid to her and the tender was thereby reduced to an amount less than $10,000, the minimum liability limits required by law. This does not invalidate the propriety of the credit. The workers' compensation benefits paid to or on behalf of plaintiff in the form of lost wages and medical payments extinguished the obligation of the uninsured motorist carrier, a solidary obligor, as to those damages. They were no longer due to plaintiff by the uninsured motorist carrier. That fact that the
