Angelle Rose Swain v. Fleetwash, Inc., James Travis Cortez, The Estate of Cody Jude Covel, Hambron, Inc., Edward Smith, Robert L. Emkey, Progressive Insurance Company, ABC Insurance Company, DEF Insurance Company, XYZ Insurance Company, and DOES I-50

Louisiana Court of Appeal

Angelle Rose Swain v. Fleetwash, Inc., James Travis Cortez, The Estate of Cody Jude Covel, Hambron, Inc., Edward Smith, Robert L. Emkey, Progressive Insurance Company, ABC Insurance Company, DEF Insurance Company, XYZ Insurance Company, and DOES I-50

DecidedMarch 27, 2023

Docket2023CW0042

StatusUnknown

This text of Angelle Rose Swain v. Fleetwash, Inc., James Travis Cortez, The Estate of Cody Jude Covel, Hambron, Inc., Edward Smith, Robert L. Emkey, Progressive Insurance Company, ABC Insurance Company, DEF Insurance Company, XYZ Insurance Company, and DOES I-50 (Angelle Rose Swain v. Fleetwash, Inc., James Travis Cortez, The Estate of Cody Jude Covel, Hambron, Inc., Edward Smith, Robert L. Emkey, Progressive Insurance Company, ABC Insurance Company, DEF Insurance Company, XYZ Insurance Company, and DOES I-50) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Angelle Rose Swain v. Fleetwash, Inc., James Travis Cortez, The Estate of Cody Jude Covel, Hambron, Inc., Edward Smith, Robert L. Emkey, Progressive Insurance Company, ABC Insurance Company, DEF Insurance Company, XYZ Insurance Company, and DOES I-50, (La. Ct. App. 2023).

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Opinion

STATE OF LOUISIANA

COURT OF APPEAL, FIRST CIRCUIT I

ANGELLE ROSE SWAIN NO. 2023 CW 0042

VERSUS

FLEETWASH, INC., JAMES TRAVIS CORTEZ, THE ESTATE OF CODY JUDE COVEL, HAMBRON, INC., EDWARD SMITH, ROBERT L. EMKEY, PROGRESSIVE INSURANCE COMPANY, ABC INSURANCE COMPANY, DEF INSURANCE COMPANY, XYZ INSURANCE COMPANY, AND DOES 1-50 MARCH 27, 2023

In Re: Travelers Property Casualty Company of America, applying for supervisory writsr 21st Judicial District Court, Parish of Tangipahoa, No. 20153370.

BEFORE: GUIDRY, C.J., PENZATO, LANIER, WOLFE AND MILLER, JJ.

WRIT GRANTED. The trial court's December 19, 2022 judgment, which granted the " Motion for Summary Judgment on the Issue of Insurance Coverage," filed by the plaintiff, Angelle Swain, is reversed. Attached to Swain's motion was an uncertified copy of an insurance policy purportedly issued by defendant, Travelers Property Casual Company of America Travelers") . In its opposition 1y memorandum filed by Travelers with the trial court, Travelers objected to the uncertified copy of the insurance policy. Unsworn dr unverified documents submitted by the parties in support of and in opposition to the motion for summary judgment have no evi~entiary value. Jackson v. St. Mary Parish Government, 2021-1317 ( La. App. 1st Cir. 8/10/22), 349 So.3d 69, 76, n. 5, writ denied, 2022-01380 ( La. 11/16/22), 349 So. 3d 1004. Additionally, responses to requests for production should not be conside4ed. Lucas v. Maison Insurance Co., 2021-1401 ( La. App. 1st Cir. 12/22/22), --- So.3d- 2022 WL 17843960, * 8. We find thel trial court abused its discretion in considering the uncertifie~ copy of the insurance policy, and Swain failed to meet her b,urden of proof, as the mover. La. Code Civ. P. art. 966(0) ( 1)1. Accordingly, Swain's Motion for Summary Judgment on the Issue of Insurance Coverage" is denied.

JMG AHP WIL SMM

Wolfe, J., dissents and would denytthe writ. The criteria set forth in Herlitz Construction Co. , nc. v. Hotel Investors of New Iberia, Inc., 396 So.2d 878 ( La. 1981) ( per curiam) are not met.

COURT OF APPEAL, FIRST CIRCUIT

vi.,J) DEPUTY CLERK OF COURT FOR THE COURT

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STATE OF LOUISIANA

COURT OF APPEAL, FIRST CIRCUIT I

ANGELLE ROSE SWAIN NO. 2023 CW 0042

VERSUS

FLEETWASH, INC., JAMES TRAVIS CORTEZ, THE ESTATE OF CODY JUDE COVEL, HAMBRON, INC., EDWARD SMITH, ROBERT L. EMKEY, PROGRESSIVE INSURANCE COMPANY, ABC INSURANCE COMPANY, DEF INSURANCE COMPANY, XYZ INSURANCE COMPANY, AND DOES 1-50 MARCH 27, 2023

In Re: Travelers Property Casualty Company of America, applying for supervisory writsr 21st Judicial District Court, Parish of Tangipahoa, No. 20153370.

BEFORE: GUIDRY, C.J., PENZATO, LANIER, WOLFE AND MILLER, JJ.

WRIT GRANTED. The trial court's December 19, 2022 judgment, which granted the " Motion for Summary Judgment on the Issue of Insurance Coverage," filed by the plaintiff, Angelle Swain, is reversed. Attached to Swain's motion was an uncertified copy of an insurance policy purportedly issued by defendant, Travelers Property Casual Company of America Travelers") . In its opposition 1y memorandum filed by Travelers with the trial court, Travelers objected to the uncertified copy of the insurance policy. Unsworn dr unverified documents submitted by the parties in support of and in opposition to the motion for summary judgment have no evi~entiary value. Jackson v. St. Mary Parish Government, 2021-1317 ( La. App. 1st Cir. 8/10/22), 349 So.3d 69, 76, n. 5, writ denied, 2022-01380 ( La. 11/16/22), 349 So. 3d 1004. Additionally, responses to requests for production should not be conside4ed. Lucas v. Maison Insurance Co., 2021-1401 ( La. App. 1st Cir. 12/22/22), --- So.3d- 2022 WL 17843960, * 8. We find thel trial court abused its discretion in considering the uncertifie~ copy of the insurance policy, and Swain failed to meet her b,urden of proof, as the mover. La. Code Civ. P. art. 966(0) ( 1)1. Accordingly, Swain's Motion for Summary Judgment on the Issue of Insurance Coverage" is denied.

JMG AHP WIL SMM

Wolfe, J., dissents and would denytthe writ. The criteria set forth in Herlitz Construction Co. , nc. v. Hotel Investors of New Iberia, Inc., 396 So.2d 878 ( La. 1981) ( per curiam) are not met.

COURT OF APPEAL, FIRST CIRCUIT

vi.,J) DEPUTY CLERK OF COURT FOR THE COURT

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Angelle Rose Swain v. Fleetwash, Inc., James Travis Cortez, The Estate of Cody Jude Covel, Hambron, Inc., Edward Smith, Robert L. Emkey, Progressive Insurance Company, ABC Insurance Company, DEF Insurance Company, XYZ Insurance Company, and DOES I-50, Counsel Stack Legal Research, https://law.counselstack.com/opinion/angelle-rose-swain-v-fleetwash-inc-james-travis-cortez-the-estate-of-lactapp-2023.

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