E L & F Properties, L.L.C. v. Santec Consulting Services Inc

Opinion

STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT

EL & F PROPERTIES, L.L.C., YMH NO. 2025 CW 0939 INTERNATIONAL, LLC, MEAUX INTERNATIONAL,

LLC, GREAT MEDIA, INC., CRR PROPERTIES,

LLC, RALPH R. JOLLISAINT, TTEE, DXI

HEALTH SOLUTIONS, DORMIBENE, LLC,

AMERICAN PROPERTY MANAGEMENT GROUP, LLC

VERSUS

STANTEC CONSULTING SERVICES, INC., BRASFIELD & GORRIE, L.L.C., COMMAND

CONSTRUCTION INDUSTRIES, LLC, OUR LADY OF

THE LAKE HOSPITAL, INC., THE CITY OF

BATON ROUGE/PARISH OF EAST BATON ROUGE,

HKS ARCHITECTS, APAC, ADAMS MANAGEMENT

SERVICES CORPORATION, ABC INSURANCE

COMPANY, DEF INSURANCE COMPANY, GHI

INSURANCE COMPANY, JKL INSURANCE COMPANY,

MNO INSURANCE COMPANY, PQR INSURANCE JANUARY 7, 2026 COMPANY, AND STU INSURANCE COMPANY

In Re: National Union Fire Insurance Company of Pittsburgh, PA, applying for supervisory writs, 19th Judicial District Court, Parish of East Baton Rouge, No. 719148.

BEFORE : LANIER, WOLFE, AND HESTER, Jd. WRIT DENIED.

WIL EW

Hester, J., dissents and would grant the writ. Referred to as the “eight-corners rule,” an insurer must look to the four corners of the petition and the four corners of the policy to determine whether it has a duty to defend. Brilliant Nat’l Servs., Inc. v. Travelers Indem. Co., 2021-1471 (La. App. lst Cir. 9/7/22), 349 So.3d 581, citing American Home Assurance Co. v. Czarniecki, 230 So.2d 253, 259 (La. 1969). Cases applying the “eight-corners rule” hold that an insurer owes a duty to defend if, assuming the factual allegations are true, there would be both (1) coverage under the policy, and (2) liability to the plaintiff. Id. citing Maldonado v. Kiewit Louisiana, Coe., 2013-0756 (La. App. lst Cir. 3/24/14), 146 So.3d 210, 218-19. From a review solely of the “eight corners” of the petition and the policy, I would reverse the judgment of the trial court and deny the motion for partial summary judgment filed by Brasfield & Gorrie, LLC.

DAPUTY CLERK OF COURT (\ FoR THE COURT