Conti Enterprises, Inc. v. Providence/GSE Associates, LLC, Robert E. Williams, Jr, and Aspen Specialty Insurance Company ( 2023 )

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7125055 ( unpublished), this court upheld a summary judgment dismissing all of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.
AFFIRMED.
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