Angelle Rose Swain v. Fleetwash, Inc., James Travis Cortez, The Estate of Cody Jude Covel, Hambron, Inc., Edward Smith, Robert L. Emkey, Progressive Insurance Company, ABC Insurance Company, DEF Insurance Company, XYZ Insurance Company, and DOES I-50 ( 2023 )

STATE OF LOUISIANA
COURT OF APPEAL, FIRST CIRCUIT
I
ANGELLE ROSE SWAIN NO. 2023 CW 0042
VERSUS
FLEETWASH, INC., JAMES TRAVIS
CORTEZ, THE ESTATE OF CODY JUDE
COVEL, HAMBRON, INC., EDWARD
SMITH, ROBERT L. EMKEY,
PROGRESSIVE INSURANCE COMPANY, ABC
INSURANCE COMPANY, DEF INSURANCE
COMPANY, XYZ INSURANCE COMPANY,
AND DOES 1-50 MARCH 27, 2023
In Re: Travelers Property Casualty Company of America,
applying for supervisory writsr 21st Judicial District
Court, Parish of Tangipahoa, No. 20153370.
BEFORE: GUIDRY, C.J., PENZATO, LANIER, WOLFE AND MILLER, JJ.
WRIT GRANTED. The trial court's December 19, 2022
judgment, which granted the " Motion for Summary Judgment on the
Issue of Insurance Coverage," filed by the plaintiff, Angelle
Swain, is reversed. Attached to Swain's motion was an
uncertified copy of an insurance policy purportedly issued by
defendant, Travelers Property Casual Company of America
Travelers") . In its opposition
1y
memorandum filed by Travelers
with the trial court, Travelers objected to the uncertified copy
of the insurance policy. Unsworn dr unverified documents
submitted by the parties in support of and in opposition to the
motion for summary judgment have no evi~entiary value. Jackson
v. St. Mary Parish Government, 2021-1317 ( La. App. 1st Cir.
8/10/22), 349 So.3d 69, 76, n. 5, writ denied, 2022-01380 ( La.
11/16/22), 349 So. 3d 1004. Additionally, responses to requests
for production should not be conside4ed. Lucas v. Maison
Insurance Co., 2021-1401 ( La. App. 1st Cir. 12/22/22), --- So.3d-
2022 WL 17843960, * 8. We find thel trial court abused its
discretion in considering the uncertifie~ copy of the insurance
policy, and Swain failed to meet her b,urden of proof, as the
mover. La. Code Civ. P. art. 966(0) ( 1)1. Accordingly, Swain's
Motion for Summary Judgment on the Issue of Insurance Coverage"
is denied.
JMG
AHP
WIL
SMM
Wolfe, J., dissents and would denytthe writ. The criteria
set forth in Herlitz Construction Co. , nc. v. Hotel Investors
of New Iberia, Inc., 396 So.2d 878 ( La. 1981) ( per curiam) are
not met.
COURT OF APPEAL, FIRST CIRCUIT
vi.,J)
DEPUTY CLERK OF COURT
FOR THE COURT