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SUPREME COURT OF LOUISIANA
NO. 96-C-1382

GARY L. VALENTINE versus BONNEVILLE INSURANCE COMPANY, ET AL.

ON WRIT OF CERTIORARI SECOND CIRCUIT COURT OF APPEAL

VICTORY, Justice.*
We granted writs in this case to determine (1) whether a deputy sheriff is included within the Uninsured Motorist ("UM") coverage provided by a Business Auto Policy where the named insured is the Webster Parish Sheriff's Department and (2) whether the deputy sheriff was occupying his vehicle such that he would be eligible for coverage under the provisions of the UM policy providing coverage for anyone "occupying" a covered auto. For the reasons that follow we reverse the court of appeal's finding that a sheriff's deputy is a named insured under the Business Auto Policy issued to the Webster Parish Sheriff's Department. Furthermore, we find that Deputy Valentine was not "occupying" his vehicle as that term is defined in the Business Auto Policy.

FACTS AND PROCEDURAL HISTORY While on duty, Webster Parish Sheriff's Deputy Gary L.Valentine observed a suspected DWI driver at approximately 6:30 p.m. on March 16, 1991 within the city limits of Minden, Louisiana. As was the custom when observing a traffic offense within city limits, Deputy Valentine radioed the Minden City Police Department for assistance. Officer Keith Banta of the Minden City Police Department arrived shortly thereafter and together with Deputy Valentine, the two officers stopped the suspect. After a brief discussion between Banta and Valentine, the officers decided that Officer

*

Kimball, J., not on panel. Rule IV, Part II,

Download 96-C-1382 GARY L. VALENTINE v. BONNEVILLE INSURANCE COMPANY.pdf

Louisiana Law