Naquin, Sr. v. Elevating Boats, LLC, No. 15-30471 (5th Cir. 2016)Annotate this Case
In the underlying lawsuit, Larry Naquin was using an EBI land-based crane to relocate a test block when the pedestal of the crane snapped, causing the crane to topple over and sustaining injuries as result. Naquin subsequently filed suit against EBI and the jury awarded a verdict in Naquin's favor. EBI appealed. EBI then filed a third-party complaint against its insurance companies, SNIC and Certain London Insurers, alleging that the insurers breached their insurance contracts by denying EBI's insurance claims arising from Naquin's accident and by failing to provide EBI with defense and indemnity. In this appeal, EBI challenged the district court's grant of summary judgment for SNIC. The court agreed with SNIC that the terms of the policy does not provide coverage for the land-based incident due to EBI's negligence. Consequently, EBI has no valid underlying claim on which to stand and the district court did not err in dismissing EBI's claim for bad faith. The court affirmed the judgment.