Ascension Parish Government and Kenneth Matassa v. Berkley Insurance Company and Harry Robert Insurance Agency, Inc. ( 2020 )

STATE OF LOUISIANA
COURT OF APPEAL, FIRST CIRCUIT
ASCENSION PARISH GOVERNMENT NO. 2020 CW 0836
AND KENNETH MATASSA
CONSOLIDATED WITH
VERSUS NO. 2020 CW 0843
BERKLEY INSURANCE COMPANY
AND HARRY ROBERT INSURANCE
AGENCY, INC. DECEMBER 14, 2020
In Re: Berkley Insurance Company and Ascension Parish
Government and Kenneth Matassa, applying for
supervisory writs, 23rd Judicial District Court,
Parish of Ascension, No. 125859.
BEFORE: HIGGINBOTHAM, THERIOT, AND WOLFE, JJ.
WRIT GRANTED IN PART; DENIED IN PART. The portion of the
district court' s July 15, 2020 judgment that granted the Cross -
Motion for Summary Judgment filed by Berkley Insurance Company
in part and dismissed the bad faith insurer claims asserted by
Plaintiffs, Ascension Parish Government and Kenneth Matassa
Plaintiffs"), is hereby reversed. Whether an insurer' s action
was arbitrary, capricious, or without probable cause is a fact
issue. See Louisiana Bag Co., Inc. v. Audubon Indemn. Co.,
2008- 453 ( La. 12/ 2/ 08), 999 So. 2d 1104, 1120. We find
Plaintiffs demonstrated a genuine issue of material fact as to
whether Berkley Insurance Company was arbitrary or capricious in
denying their claim. Accordingly, the Cross - Motion for Summary
Judgment filed by Berkley Insurance Company is denied as to the
bad faith insurer claims asserted
by Plaintiffs under La. R. S.
22: 1973. The writ application is denied as it relates to the
issue of coverage under the Public Official, Employment
Practices & Employee Benefits Liability insurance policy issued
to Ascension Parish Government by Berkley Insurance Company.
TMH
MRT
EW
COURT OF APPEAL, FIRST CIRCUIT
CLERK OF COURT F
FOR THE COURT