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