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Conti Enterprises, Inc. v. Providence/GSE Associates, LLC, Robert E. Williams, Jr, and Aspen Specialty Insurance Company
STATE OF LOUISIANA COURT OF APPEAL FIRST CIRCUIT
2022 CA 1248'
I C CONTI ENTERPRISES, INC.
VERSUS
PROVIDENCE/ GSE ASSOCIATES, LLC, ROBERT E. WILLIAMS, JR., AND ASPEN SPECIALTY INSURANCE COMPANY
Judgment rendered: Noy 0 12023
On Appeal from the 32°d Judicial District Court Terrebonne Parish State of Louisiana No. 1743 S5
Judge Randall L. Bethancourt, Presiding
Stephen P. Hall Attorneys for Appellee/ Defendant Phelps Dunbar, LLP XL Specialty Insurance Company New Orleans, Louisiana
Adrian. G. Nadeau Attorneys for Appellees/Defendants J. Weston Clark Hartman Engineering, Inc. and Baton Rouge, Louisiana Jared Monceaux
Brian J. Marceaux Attorneys for Plaintiff/Appellant Julius P. Hebert, Jr. Terrebonne Parish Consolidated Government
Derick A. Bercegeay Brianna Wilson Orgeron Houma, Louisiana
BEFORE: THERIOT, HOLDRIDGE, AND HESTER, JJ.
We note that 2022 -CA -1249, Conti Enterprises, Inc. vs. Providence/ GSE Associates, LLC, is consolidated with 2022 -CA -1248, Conti Enterprises, Inc. vs. Providence/ GSE Associates, LLC, for oral argument and submission.
HOLDRIDGE, J.
In this appeal, Terrebonne Parish Consolidated Government ( TPCG) challenges a trial court' s judgment granting a motion for summary judgment filed by XL Specialty Insurance Company ( XLSIC), the alleged professional insurer of Hartman Engineering, Inc. and Jared Monceaux. In Conti Enterprises, Inc. v. Providence Associates, LLC, 2022- 1249 ( La. App. 1 Cir. 10/ 30/ 23), 2023 WL 7125055 ( unpublished), this court upheld a summary judgment dismissing all of TPCG' s claims against Hartman Engineering, Inc. and Mr. Monceaux on the basis that TPCG' s claims against those defendants were statutorily perempted. By the extension and operation of law, peremption is a defense that is not personal to the insured and is available to the insured' s liability insurer. See Shields v. Alvin R. Savoie & Associates, Inc., 2016- 0827 ( La. App. 1 Cir 2117117), 217 So. 3d 420, 421; Vicari v. Window World, Inc., 14- 870 ( La. App. 5 Cir. 5128115), 171 So. 3d 425, writ denied, 2015- 1269 ( La. 9125115), 179 So. 3d 570. Because XLSIC' s insureds can have no liability to TPCG as a matter of law, XLSIC cannot be held liable to TPCG as the professional liability insurer of Hartman Engineering, Inc. and Mr. Monceaux. Therefore, the trial court correctly entered summary judgment dismissing all claims asserted by TPCG against XLSIC in this litigation.
For these reasons, we affirm the trial court' s summary judgment in favor of XL Specialty Insurance Company. All costs of this appeal, in the amount of 35, 108. 50, are taxed to appellant, Terrebonne Parish Consolidated Government.