Priscilla Duet and Curtis Duet, husband and wife v. Caleb Land Corporation ( 2023 )

STATE OF LOUISIANA
COURT OF APPEAL, FIRST CIRCUIT
NO. 2023 CW 0148
PRISCILLA DUET AND CURTIS
DUET
VERSUS
JUNE 1, 2023
CALEB LAND CORPORATION
for
In Re: Stonetrust Commercial Insurance Company, applying
Judicial District Court,
writs, 17th
supervisory
No. 143161.
Parish of Lafourche,
WELCH, PENZATO, AND LANIER, JJ.
BEFORE:
18, 2023 order
WRIT GRANTED. The district court' s January
judgment filed by the third -party
denying the motion for summary is reversed.
defendant, Stonetrust Commercial insurance Company,
brought against its insured
to defend suits
An " insurer' s duty
plaintiff' s petition,
the allegations of the
is determined by
with the insurer being obligated to furnish a defense unlessMasco
the Steptore v.
excludes coverage."
petition unambiguously
643 So. 2d 1213, 1218.
Const. Co., Inc., 93- 2064 ( La. 8/ 18/ 94) f
broader than
to defend is generally
Further, an insurer' s duty
for damage claims. Id.coverage
its obligation to provide
allegations of the
11[ C] ourts look to factual, not conclusory,
insurer must defend the
determine whether the
petition to
1st Cir.
insured." Guste v. Lirette, 2017- 1248 ( La. App.
The at issue herein
251 So. 3d 1126, 1133- 34. policy
6/ 4/ 18),
compensation coverage and employers' liability
provides workers'
coverage for claims that " arise out of and in the course of the
The petition herein
employee' s employment."
injured
employed as a
alleged that Priscilla Duet was
specifically
LLC and was an invitee
laborer with CJ Star Cattle Co.,
general
The petition makes
on the premises of Caleb Land Corporation.
employee of the insured,
was an
no allegation that plaintiff
Thus, we find the petition
Caleb Land Corporation.
excludes coverage under the policy
issued by
unambiguously
defendant, Stonetrust Commercial Insurance Company.
third -party
the third -
Therefore, the motion for summary
judgment filed by
Commercial Insurance Company, is
defendant, Stonetrust
party
claims against Stonetrust
granted, and Caleb Land Corporation' s
Commercial Insurance Company are dismissed.
JEW
ARP
WIL
COURT OF APPEAL, FIRST CIRCUIT
DEPUTY CLERK OF COURT
FOR THE COURT