SAFEWAY INSURANCE COMPANY OF LOUISIANA v. GOVERNMENT EMPLOYEES INSURANCE COMPANY (2021)

Writ application granted. See 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 forth 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 procedure, 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 argued 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 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.