James E. Shields, Jr., Christine F. Sheilds, James E. Shields, III, and Joseph Luke Shields VS Savoie Construction, Inc., Savoie Construction & Development, LLC, Forest-Taylor Fireplaces, Inc., Lennox Hearth Products, LLC, Lennox Industries Inc., Lennox International, Inc., ABC Insurance Company, DEF Insurance Company and XYZ Insurance Company (2017CA0604 Consolidated With 2017CA0605)
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STATE OF LOUISIA NA COURT OF APPEAL FIRST CIRCUIT NO. 2017 CA 0604 ~ JAMES E. SHIELDS, JR., CHRISTINE F. SHIELDS, . JAMES E. SHIELDS, III, AND JOSEPH LUKE SHIELDS --- I~ VERSUS a;M? ALVIN R. SAVOIE & ASSOCIATES, INC. D/B/A SAVOIE CONSTRU CTION, INC., FOSTER- TAYLOR FIREPLACES, INC., AMERICA N EMPIRE SURPLUS LINES INSURAN CE COMPANY, THE TRA VLERS INDEMN ITY COMPANY OF CONNECTICUT, ROSS SAVOIE, ROSS SAVOIE CONSTRUCTION, LLC, AMERICA N EMPIRE SURPLUS LINES INSURAN CE COMPANY, AMERICA 'S CHOICE 2-10 HOME BUYER'S WARRANTY, AND JKL INSURAN CE COMP ANY CONSOLIDATED WITH NO. 2017 CA 0605 ASI LLOYDS AS SUBROG EE OF JAMES AND CHRISTINE SHIELDS VERSUS SAVOIE CONSTRUCTION, INC., SAVOIE CONSTRU CTION AND DEVELOP MENT, LLC, AND FOSTER- TAYLOR FIREPLACES, INC. o NOV 1 2011 Judgment Rendered: - - - - ***** On Appeal from the 22nd Judicial District Court In and for the Parish of St. Tammany State of Louisiana Trial Court No. 2012-10392 Consolidate d With 2012-10262 Honorable Peter J. Garcia, Judge Presiding ***** James E. Shields, Jr. James E. Shields, Sr. Gretna, LA Attorneys for Plaintiffs-Appellants, James E. Shields, Jr., Christine F. Shields, James E. Shields, III and Joseph Luke Shields George J. Richaud Metairie, LA Attorney for Defendant-Appellee, J. Ross Savoie Christopher R. Teske Eric S. Charleston New Orleans, LA Attorneys for Defendant-Appellee, American Empire Surplus Lines Insurance Company Sean M. Casey Mandeville, LA Attorney for Defendants-Appellees, Foster-Taylor Fireplaces, Inc., and the Travelers Indemnity Company Connecticut Ross F. Lagarde Slidell, LA Attorney for Defendant-Appellee, J. Ross Savoie Construction, LLC ***** BEFORE: HIGGINBO THAM, HOLDRIDG E, AND PENZATO, JJ. 2 HIGGINBOTHAM, J. This consolidated matter has been before this court numerous times. For a detailed outline of the facts and procedural history in this controversial litigation, see Shields v. Alvin R. Savoie & Associates, Inc., 2016-0825 c/w 2016-0826 (La. App. 1st Cir. 2/17/17), 214 So.3d 27, writ denied" 2017-0506 (La. 5/19/17), 220 So.3d 750 ("Shields I"), and Shields v. Alvin R. Savoie & Associates, Inc., 20160827 c/w 2016-0828 (La. App. 1st Cir. 2117 /17), 217 So.3d 420 ("Shields II"). Most recently, the homeowners, James E. Shields, Jr. and Christine F. Shields, along with their two sons, filed another appeal related to the summary judgment dismissal of additional defendants, J. Ross Savoie and Ross Savoie Construction, LLC (collectively referred to as "Savoie") in a related consolidated appeal decided this same date. See Shields v. Alvin R. Savoie Construction, Inc., et al (20170602 c/w 2017-0603 (La. App. 1st Cir. _/_/17), --- So.3d --- ("Shields III"). The particular consolidated appeal ("Shields IV") currently before us concerns the summary judgment dismissal of Savoie's commercial general liability insurer, American Empire Surplus Lines Insurance Company ("American Empire"). In Shields III, we concluded that the district court properly dismissed the homeowners' claims against Savoie as perempted. Because of our affirmation of the dismissal of the homeowners' claims against Savoie, it follows that the homeowners no longer have a viable claim against Savoie's insurer, American Empire. As we held in Shields III, the scope of American Empire's liability extends only as far as the liability of its insureds, Savoie. Because the homeowners cannot recover damages against Savoie due to peremption, they likewise cannot recover damages against American Empire. See Barnett v. Watkins, 2006-2442 (La. App. 1st Cir. 9/19/07), 970 So.2d 1028, 1037, writ denied, 2007-2066 (La. 12/14/07), 970 So.2d 537. 3 Consequently, for the same reasons expressed in our opinion in the related Shields III consolidated appeal, we hereby affirm via summary opinion in accordance with Uniform Rules of Louisiana Courts of Appeal, Rule 2-16.2, the district court's grant of summary judgment in favor of American Empire and dismissal of all of the homeowners' claims against American Empire. All costs of these consolidated appeals are assessed against the homeowners, James E. Shields, Jr. and Christine F. Shields. AFFIRMED. 4
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