COURT OF APPEAL, FIRST CIRCUIT PARISH TILLMAN NO. 2024 CW 0394 VERSUS

JOHN DEERE CONSTRUCTION AND FORESTRY COMPANY, INDIVIDUALLY AND AS A SUCCESSOR IN INTEREST TO JOHN DEERE INDUSTRIAL EQUIPMENT COMPANY F/ K/ A JOHN JULY 1, 2024 DEERE CONSTRUCTION EQUIPMENT COMPANY AND MATT MARIN

In Re: Hudson Excess Insurance Company, applying for supervisory writs, 21st Judicial District Court, Parish of Tangipahoa, No. 202101418.

BEFORE: THERIOT, PENZATO, AND LANIER, JJ.

WRIT GRANTED IN PART AND DENIED IN PART. We find the trial court erred in the portion of its April 19, 2024 judgment that granted the motion for partial summary judgment filed by plaintiff, Parish Tillman. Plaintiff failed to meet his burden of producing factual support sufficient to establish there is no genuine issue of material fact or that he is entitled to judgment as a matter of law on the issues asserted in his motion. The policy at issue in plaintiff' s motion is an umbrella policy, and the coverage provision contained in the policy provides for payment in excess of the underlying limits. However, none of the underlying insurance policies were filed with the motion. Moreover, genuine issues of material fact preclude summary judgment on the issue of whether Matthew Marin had permission to drive the utility vehicle at the time of this incident. Therefore, the portion of the trial court' s April 19, 2024 judgment that granted the motion for partial summary judgment filed by plaintiff, Parish Tillman, is reversed, and his motion for partial summary judgment is denied. In all other respects, this writ application is denied.

MRT ARP WIL

COURT OF APPEAL, FIRST CIRCUIT

DEPUTY CLERK OF COURT FOR THE COURT