Eddie Tourelle's Northpark Nissan, Inc. VS Guy Hopkins Construction Co. and Holly & Smith Architects, A Professional Architectural Corporation
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STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT EDDIE TOURELLE ' S NISSAN, NORTHPARK N0. 2013 EC O ZOIJ INC. CW 1505 VERSUS GUY HOPKINS COMPANY, In CONSTRUCTION INC . Re: Hopkins Guy Construction supervisory Parish PARRO, BEFORE : of GUIDRY, WRIT denying St . GRANTED. the The DRAKE, trial Company, applying District for Court, 2008- 15331 . JJ. court' August s judqment, summary Inc. , is Inc. , Judicial No . for motions Construction Tammany, AND Company, 22nd writs, 1, 2013 filed by vacated, judgment Guy Hopkins insofar only it as denied the is motions with regard to the question of whether a duty deiend to Guy Hopkins to owed the following Company, the Continental Design insurer Western Systems, Insurance LLC. The negligence Insurance and tne court the Company, the on duty was to LLC; insurer Fire St . of that, in to Guy demonstrate 2) Casualty Tammany, order defend, subcontractors . ( EF& I of and Glass ruling required the of Republic in Metal, the Southern of erred Inc. part 3) ( insurers' Sheet Company, insurer trial Construction Bankston of Inc. ; Company, demonstrate Construction Company, Inc. by insurers : ( 1) Scottsdale Znsurance respective to Hopkins fault or To the contrary, the eight- corners rule provides that an insurer must look to the four corners of the plaintiff' s petition and the four corners of the insurance Vaughn toFranklin, 2000- 0291 (it has a duty to policy determine whether See defend. v. 3/ 28/ 2001) , 785 allegations of So. 2d the La. 79. When petition are making this liberally App, lst Cir. analysis, interpreted the in determining whether they set forth grounds that bring the claims the the within scope of insurer' s duty to defend. Id. An insurer' s duty to defend arises whenever the pleadings against the insured disclose even a possibility of liability under the Id. policy. turn ultimately sti11 obligated Althoughbe the allegations of the petition may to incorrect out to provide a or defense. the untrue, Id. insurer Accordingly, is the matter is remanded with instructions that the trial court make the determination regarding whether each of the three insurers to defend, owes a duty based on the eight- corners further proceedings consistent with this action. RHP JMG EGD COURT D CF P APPEAL, T FOR CLERK THE FIRST 0' COU COURT CZRCUIT rule, and for
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