A Louisiana appellate court reversed a trial court decision that had found coverage was available for a driver whose BAC was above the legal limit at the time of the accident. The case is Williams v. USAgencies Cas. Ins. Co., 140 So. 3d 895 (La. Ct. App. 2014).

What happened

Mr. Williams totaled a Chevy pickup in a single-vehicle collision. He was later issued a citation for driving while intoxicated. He sought coverage for the pickup under a policy issued by USAgencies Casualty Insurance Company (USAgencies), but the claim was denied because his blood alcohol content (BAC) at the time of the accident was above the legal limit.

Trial litigation

Williams sued for coverage of the truck as well as “emotional damages due to the financial strain of paying a bank note for collateral that no longer exist[ed].” In its motion for summary judgment, USAgencies argued the policy exclusion for a BAC above the legal limit was enforceable. Williams also filed for summary judgment, claiming the cited exclusion was ambiguous and went against public policy.

Special Reports /

Court reverses claim ruling over drunk driving exclusion

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