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

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7125055 ( unpublished), this court upheld a summary judgment dismissing all of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