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City of Plaquemine v. N.A. Constr.

Supreme Court of Louisiana
Nov 8, 1996
682 So. 2d 1253 (La. 1996)

Opinion

No. 96-CC-1825, No. 96-CC-1857

November 8, 1996

IN RE: Audubon Indemnity; — Third Party(ies); Applying for Supervisory and/or Remedial Writ; Parish of Iberville 18th Judicial District Court Div. "D" Number 43,141; to the Court of Appeal, First Circuit, Number CW95 2467


Granted with order. See per curiam.

HTL

WFM

JCW

CDK

BJJ

JPV

EJB

CALOGERO, C.J. not on panel.


The application is granted.

This action involves a claim of defective workmanship on a construction contract, filed by the City of Plaquemine against the general contractor and the project engineers. The general contractor filed a third party demand and cross claim against its alleged insurers, who denied coverage, as well as denying any duty to defend the general contractor under the allegations of the City's petition.

The general contractor then filed a motion for partial summary judgment on the "duty to defend" issue. The trial judge granted the motion, and the insurer both appealed and applied for supervisory writs.

The court of appeal denied supervisory writs, stating that this was a final judgment subject to review by appeal.

The insurers then filed the instant application to this court, asserting that there is a conflict among the circuit courts of appeal on whether a partial summary judgment ordering an insurer to defend an action is a non-appealable interlocutory judgment or a partial final judgment reviewable by appeal.

La. Code Civ.Proc. art. 966D permits summary judgment on the issue of insurance coverage, which for procedural purposes implicitly includes the issue of duty to defend. La. Code Civ. Proc. art. 1915 provides that a summary judgment rendered pursuant to art. 966D is not a partial final judgment for purposes of appeal.

Accordingly, the judgment of the court of appeal is vacated and set aside, and the matter is remanded to the court of appeal for consideration under its supervisory jurisdiction.

CALOGERO, C.J., not on panel.


Summaries of

City of Plaquemine v. N.A. Constr.

Supreme Court of Louisiana
Nov 8, 1996
682 So. 2d 1253 (La. 1996)
Case details for

City of Plaquemine v. N.A. Constr.

Case Details

Full title:CITY OF PLAQUEMINE v. NORTH AMERICAN CONSTRUCTORS, INC., ET AL v. AUDUBON…

Court:Supreme Court of Louisiana

Date published: Nov 8, 1996

Citations

682 So. 2d 1253 (La. 1996)

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