Gaylord Chemical Corp. v. ProPump, Inc.

753 So. 2d 349, 2000 WL 201552
CourtLouisiana Court of Appeal
DecidedFebruary 18, 2000
Docket98 CA 2367
StatusPublished
Cited by53 cases

This text of 753 So. 2d 349 (Gaylord Chemical Corp. v. ProPump, Inc.) 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.

Bluebook
Gaylord Chemical Corp. v. ProPump, Inc., 753 So. 2d 349, 2000 WL 201552 (La. Ct. App. 2000).

Opinion

753 So.2d 349 (2000)

GAYLORD CHEMICAL CORPORATION
v.
PROPUMP, INC., Ingersoll-Rand Company, Dresser Industries, Inc., and Ingersoll-Dresser Pumps.

No. 98 CA 2367.

Court of Appeal of Louisiana, First Circuit.

February 18, 2000.

*351 Craig J. Robichaux, Paul J. Mayronne, Talley, Anthony, Hughes & Knight, L.L.C., Mandeville, for Plaintiff/Appellant Gaylord Chemical Corporation.

Paul L. Peyronnin, Owen B. St. Amant, Phelps Dunbar, L.L.P., New Orleans, for Defendants/Cross-Plaintiffs/Appellants Ingersoll-Rand Company, Dresser Industries, Inc., and Ingersoll-Dresser Pumps.

Paul H.F. Baker, Lafayette, for Defendant/Cross-Defendant/Appellee Commercial Union Ins. Co.

Before: LeBLANC, PARRO, and KUHN, JJ.

PARRO, J.

This is an appeal from the trial court's granting of a motion for summary judgment in favor of Commercial Union Insurance Company, finding it did not provide coverage under its commercial general liability policy for the claims made against its insured, ProPump, Inc. We reverse and remand.

FACTUAL AND PROCEDURAL BACKGROUND

The facts underlying this claim, as alleged in the petition and amending petition, are as follows. On January 30, 1992, Gaylord Chemical Corporation (Gaylord) took delivery of an Ingersoll-Rand pump purchased from ProPump, Inc. (ProPump). The pump was manufactured by Ingersoll-Rand Company, which allegedly was associated with Dresser Industries, Inc. in a joint venture partnership, Ingersoll-Dresser Pumps, for the manufacture of such pumps. At the time of the sale, ProPump had a comprehensive general liability policy issued by Commercial Union Insurance Company (Commercial Union). The pump allegedly did not perform to Gaylord's expectations, and on January 28, 1993, Gaylord filed this lawsuit. The suit named ProPump as a defendant, as well as Ingersoll-Rand Company, Dresser Industries, Inc., and Ingersoll-Dresser Pumps (collectively, Ingersoll). A supplemental and amending petition named Commercial Union as an additional defendant.[1]

Gaylord's suit claimed ProPump and Ingersoll represented to Gaylord that the pump would perform according to certain stated specifications and design capacities; however, it failed to perform according to those specifications and achieved only 66% of the represented design capacity under acceptable operating conditions. Gaylord alleged the declaration of the defendants concerning the design capacity and performance of the pump was the principal motive for Gaylord's purchase, and the pump's failure to perform to specifications rendered its use so inconvenient and imperfect that Gaylord would not have purchased it, had it known of this vice. Gaylord sought rescission of the sale, refund of the entire purchase price, lost profits and *352 additional expenses incurred due to the failure of the pump to perform as represented,[2] attorney fees, and costs.

Ingersoll filed a cross-claim against Commercial Union, alleging ProPump had a duty to inform Ingersoll of the exact uses to which Gaylord intended to put the pump, and ProPump's failure to communicate such information to Ingersoll was a breach of that duty. Ingersoll claimed that, should it be determined that Gaylord had a valid claim against Ingersoll, Commercial Union would be obligated to indemnify Ingersoll under the terms of the policy issued to ProPump. Commercial Union moved for summary judgment, admitting it provided a comprehensive general liability insurance policy to ProPump for the time period in question, but claiming its policy did not provide coverage to ProPump for Gaylord's redhibition claims and Gaylord's and Ingersoll's claims of negligent misrepresentation or breach of contract. After a hearing on the motion, the trial court granted the motion and dismissed all claims against Commercial Union. The court certified the judgment as final[3] and this appeal followed.

APPLICABLE LAW

Summary judgment shall be rendered if there is no genuine issue as to material fact and the mover is entitled to judgment as a matter of law. LSA-C.C.P. art. 966(B). A summary judgment may be rendered on the issue of insurance coverage alone, although there is a genuine issue as to liability or the amount of damages.[4]See LSA-C.C.P. art. 966(E); Bilbo for Basnaw v. Shelter Ins. Co., 96-1476 (La.App. 1st Cir.7/30/97), 698 So.2d 691, 694, writ denied, 97-2198 (La.11/21/97), 703 So.2d 1312. Summary judgment declaring a lack of coverage under an insurance policy may not be rendered unless there is no reasonable interpretation of the policy, when applied to the undisputed material facts shown by the evidence supporting the motion, under which coverage could be afforded. Reynolds v. Select Properties, Ltd., 93-1480 (La.4/11/94), 634 So.2d 1180, 1183. The burden of proof on a motion for summary judgment is on the movant. LSA-C.C.P. art. 966(C)(2). An insurer seeking to avoid coverage through summary judgment must prove that some exclusion applies to preclude coverage. Jackson v. Frisard, 96-0547 (La.App. 1st Cir.12/20/96), 685 So.2d 622, 629, writs denied, 97-0193 and 97-0201 (La.3/14/97), 689 So.2d 1386 and 1387.

An insurance policy is an agreement between parties and should be interpreted using ordinary contract principles. Ledbetter v. Concord Gen. Corp., 95-0809 (La.1/6/96), 665 So.2d 1166, 1169, rehearing denied, amended on other grounds, 95-0809 (La.4/18/96), 671 So.2d 915. If the language in an insurance contract is clear and unambiguous, the agreement must be enforced as written. LSA-C.C. art.2046; Dunn v. Potomac Ins. Co. of Illinois, 94-2202 (La.App. 1st Cir.6/23/95), 657 So.2d 660, 663. The court should not strain to find ambiguity where none exists. Strickland v. State Farm Ins. Cos., 607 So.2d 769, 772 (La.App. 1st Cir.1992). However, if there is any doubt or ambiguity as to the *353 meaning of a provision in an insurance policy, it must be construed in favor of the insured and against the insurer. See LSA-C.C. art. 2056. When the ambiguity relates to an exclusionary clause, the law requires that the contract be interpreted liberally in favor of coverage. Borden, Inc. v. Howard Trucking Co., Inc., 454 So.2d 1081, 1090 (La.1983); Ledbetter, 665 So.2d at 1169. Whether a contract is ambiguous is a question of law. Strickland, 607 So.2d at 772.

POLICY INTERPRETATION ISSUES

Gaylord concedes that its purely redhibition claims are not covered by the policy.[5] In fact, at oral argument, Gaylord acknowledged that it no longer seeks rescission of the sale, because it augmented the Ingersoll pump with another pump and currently needs both pumps in its operation. Therefore, Gaylord's claims are limited to the other losses it incurred. Because ProPump represented that the pump would conform to Gaylord's specifications and would meet its performance needs, Gaylord characterizes its claims as negligent misrepresentation, breach of contract, and breach of warranty. In its crossclaim, Ingersoll alleges ProPump failed to provide complete and accurate information to Ingersoll concerning the intended use of the pump, thereby stating a negligent misrepresentation claim. Obviously, because Ingersoll did not purchase anything from ProPump, its claims against ProPump are not based on redhibition or failure to provide a workman-like product.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Kent & Smith Holdings, L.L.C. v. HDI Global Ins. Co.
344 F. Supp. 3d 878 (M.D. Louisiana, 2018)
Nielson v. Shelter Mutual Insurance Co.
167 So. 3d 697 (Louisiana Court of Appeal, 2014)
LCS Corrections Services, Inc. v. Lexington Insurance
7 F. Supp. 3d 678 (S.D. Texas, 2014)
Ledet v. Campo
128 So. 3d 1034 (District Court of Appeal of Florida, 2013)
Beverly E. Ledet v. John J. Campo, Jr.
Louisiana Court of Appeal, 2013
Hawkins v. Fowler
92 So. 3d 544 (Louisiana Court of Appeal, 2012)
Mangerchine v. Reaves
63 So. 3d 1049 (Louisiana Court of Appeal, 2011)
Ricks v. KENTWOOD OIL CO., INC.
38 So. 3d 363 (Louisiana Court of Appeal, 2010)
Harris v. Metropolitan Life Insurance Co.
35 So. 3d 266 (Louisiana Court of Appeal, 2010)
Martco Ltd. Partnership v. Wellons, Inc.
588 F.3d 864 (Fifth Circuit, 2009)
Stewart Contractors v. Metalpro Indus.
969 So. 2d 653 (Louisiana Court of Appeal, 2007)
Halphen v. Borja
961 So. 2d 1201 (Louisiana Court of Appeal, 2007)
Andrews v. COLUMBIA CAS. INS. CO.
960 So. 2d 134 (Louisiana Court of Appeal, 2007)
Huggins v. Gerry Lane Enterprises, Inc.
950 So. 2d 750 (Louisiana Court of Appeal, 2007)
Rager v. Bourgeois
951 So. 2d 330 (Louisiana Court of Appeal, 2006)

Cite This Page — Counsel Stack

Bluebook (online)
753 So. 2d 349, 2000 WL 201552, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gaylord-chemical-corp-v-propump-inc-lactapp-2000.