STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT BRIDGET RIVET AND TYLER NO. 2022 CW 0704 RIVET VERSUS PRECISION LANDSCAPE, LLC D/B/A PRECISION LANDSCAPE AND POOLS, LLC, DISCOUNT FIBERGLASS POOLS, INC. D/B/A TALLMAN POOLS AND MESA UNDERWRITERS SPECIALTY INSURANCE COMPANY JULY 08, 2022

In Re: United Specialty Insurance Company, applying for supervisory writs, 18th Judicial District Court, Parish of Iberville, No. 79793.

BEFORE : HOLDRIDGE, PENZATO, AND LANIER, JJ.

WRIT DENIED. The criteria set forth in Herlitz Construction Co., Inc. v. Hotel Investors of New Iberia, Inc., 396 So.2d 878 (La. 1981) (per curiam) are not met.

AHP WIL Holdridge, J., concurs and would deny the writ. While some of the plaintiffs’ claims may not be covered under the relator’s policy, relator has an adequate remedy on appeal after a determination of the fault of Precision Landscape, LLC d/b/a Precision Landscape and Pools, LLC and the amount of damages, if any, that may be owed to the plaintiffs.

COURT OF APPEAL, FIRST CIRCUIT Ah. Con) DEPUTY CLERK OF COURT FOR THE COURT