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Haezebrouck v. State Farm Mut. Auto. Ins. Co.

The Court imposed a frivolous appeal penalty against plaintiff and his attorney where the record showed an acrimonious crusade against the defending insurance company.

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In this matter concerning a complaint brought by a third party against a liability insurer, Joseph V. Haezebrouck appeals the trial court’s grant of State Farm Mutual Insurance Company’s motion to dismiss, contending that the trial court erred by: 1 finding that he could not bring a direct action against State Farm; 2 failing to treat State Farm’s motion as a request for summary judgment; and 3 failing to consider the deposition of a particular expert. We affirm.

The record shows that Haezebrouck was involved in a car accident with Coleman Plemmons, who was insured by State Farm at the time. Haezebrouck subsequently brought suit against both Plemmons and State Farm. In his complaint, Haezebrouck argued that the accident was caused by Plemmons’ negligence. In addition, Haezebrouck argued that State Farm was responsible for compensating him for the damage to his recreational vehicle “RV”, that State Farm failed to properly inspect his vehicle, that State Farm failed to properly adjust his claims, and that he was a third-party beneficiary of the insurance contract between State Farm and Plemmons. Haezebrouck’s claims against Plemmons and State Farm were subsequently bifurcated, and State Farm filed a motion to dismiss or, in the alternative, for summary judgment. The trial court granted State Farm’s motion to dismiss, finding that, as a third party not in privity of contract with State Farm, Haezebrouck could not directly sue the liability insurer under the facts of this case. Haezebrouck now appeals this decision.

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