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

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