Iberia Parish School Bd. v. Sandifer & Son Construction Co., Inc.

721 So. 2d 1021, 98 La.App. 3 Cir. 319, 1998 La. App. LEXIS 3048, 1998 WL 749255
CourtLouisiana Court of Appeal
DecidedOctober 28, 1998
Docket98-319
StatusPublished
Cited by17 cases

This text of 721 So. 2d 1021 (Iberia Parish School Bd. v. Sandifer & Son Construction Co., 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
Iberia Parish School Bd. v. Sandifer & Son Construction Co., Inc., 721 So. 2d 1021, 98 La.App. 3 Cir. 319, 1998 La. App. LEXIS 3048, 1998 WL 749255 (La. Ct. App. 1998).

Opinion

721 So.2d 1021 (1998)

IBERIA PARISH SCHOOL BOARD, Plaintiff-Appellee,
v.
SANDIFER & SON CONSTRUCTION CO., INC., et al., Defendants-Appellant.

No. 98-319.

Court of Appeal of Louisiana, Third Circuit.

October 28, 1998.

Richard Paul Weimer, Lafayette, Leon Elzer Roy, III, J. Wayne Landry, New Iberia, for Iberia Parish School Board.

William Allen Repaske, New Iberia, for Sandifer & Son Const. Co. Inc., et al.

Milton O'Neal Walsh, Baton Rouge, for Beyt Rish Robbins, Inc.

Terrence L. Brennan, Charles F. Seemann, Jr., Victor Elbert Stilwell, Jr., New Orleans, for Mestayer, Darby & Partners.

Theodore Michael Haik, Jr., New Iberia, for Bellard & Associates, Inc.

Bernard John Williams, Metairie, for Nucor Corporation.

Daniel R. Atkinson, Jr., Baton Rouge, for Commercial Union Ins. Co.

Lawrence Jude Boasso, Metairie, for Travelers Casualty & Surety Co.

Before YELVERTON, SAUNDERS, WOODARD, PETERS and AMY, JJ.

YELVERTON, Judge.

Sandifer & Son Construction Company, Inc. appeals the trial court's summary judgment in favor of Commercial Union Insurance Company. The trial court found that a comprehensive general liability policy issued by Commercial Union did not provide coverage to Sandifer & Son. We reverse and remand for further proceedings.

ESSENTIAL FACTS

(SUMMARY JUDGMENT EVIDENCE)

On July 20, 1987, the Iberia Parish School Board entered into a contract with Sandifer & Son to construct a middle school in New Iberia known as the Belle Place Middle School. As general contractor, Sandifer & Son subcontracted the manufacturing and installation of the roof system to Crawford Manufacturing Company, Inc. Crawford in turn subcontracted the actual construction of the roof to Trey Construction Company. Following completion of the work and final payment, the School Board discovered leaks in the roof. The School Board filed suit. The suit alleged that the roof exhibited numerous *1022 leaks, caused by defective materials and poor workmanship, resulting in unspecified damages to the school.

Sandifer & Son, a defendant, filed a thirdparty demand against Crawford Manufacturing; its successor, Emarc Company, Inc.; and Commercial Union as the insurer of Crawford/Emarc. On Commercial Union's motion, the trial court granted summary judgment, finding that the insurance issued by it to Crawford/Emarc did not provide coverage for the losses claimed.

APPLICABLE LAW

The contracts of insurance were entered into in Texas between a Texas insurance company, Commercial Union, and a business located in Texas, Crawford/Emarc. The loss occurred in Louisiana where and while the Texas insured was doing business with a Louisiana resident, Sandifer & Son.

On appeal, for the first time, Commercial Union asks that Texas law be applied in the interpretation of the policies. Texas law was not introduced nor mentioned in the court below. Commercial Union relied on Louisiana law in support of its motion for summary judgment. The trial court, in its oral reasons for judgment, cited Louisiana decisions and relied entirely on Louisiana law in granting Commercial Union summary judgment. The two Texas cases cited by Commercial Union in its appellate brief suggest that Texas law may be the same as Louisiana law in the interpretation of commercial general liability policies, at least as to the issues before us.

We realize that La.Code Evid. art. 202(A) requires a court to take judicial notice of the laws of every state. However, "[a]bsent a showing of what another state's law is, it will be presumed to be the same as Louisiana's." Williams v. State Farm Mut. Auto. Ins. Co., 524 So.2d 851, 854 (La.App. 3 Cir.), writ denied, 526 So.2d 792 (La.1988); Razzaghe-Ashrafi v. Razzaghe-Ashrafi, 558 So.2d 1368 (La.App. 3 Cir.1990). We will continue to apply Louisiana law to the resolution of this dispute.

OCCURRENCE

Commercial Union issued three successive one-year policies of insurance to Crawford/Emarc. All three are in the record. The first policy was a Texas Multi-Peril Policy with a policy period of 01-07-87 to 01-07-88. The second was a Texas Commercial Package Policy with a policy period of 01-07-88 to 01-07-89. The third was also a Texas Commercial Package Policy with a policy period of 01-07-89 to 01-07-90. The school was substantially completed on March 1, 1989. Sometime after substantial completion and before July 1989, leaks in the roof made their appearance.

In finding that there had been no "occurrence" under the terms of the policy, the trial court relied upon Fredeman Shipyard v. Weldon Miller Contr., 497 So.2d 370 (La. App. 3 Cir.1986) and Swarts v. Woodlawn, Inc., 610 So.2d 888 (La.App. 1 Cir.1992). It found that there was no "occurrence" to trigger coverage where the liability of the insured contractor was based solely on improper construction.

On appeal, Sandifer & Son argues that there is coverage for the claims asserted against Crawford/Emarc pursuant to the products-completed operations coverage. It argues that the only definition of productscompleted operations contained in the policy clearly and unambiguously includes coverage for claims of defective materials and poor workmanship.

Commercial Union argues that there was no "occurrence" that would trigger coverage under any of the three policies. It claims that there are no allegations in the original petition or third-party petition alleging that there was property damage resulting from an accident. In support of its position, Commercial Union emphasizes the language found in the bodily injury and property damage liability section.

In the first policy issued by Commercial Union, the language requiring an "occurrence" reads as follows:

I. COVERAGE C-BODILY INJURY AND PROPERTY DAMAGE LIABILITY

*1023 The Company will pay on behalf of the insured all sums which the insured shall become legally obligated to pay as damages because of bodily injury or property damage to which this insurance applies, caused by an occurrence and arising out of the ownership, maintenance or use of the insured premises and all operations necessary or incidental to the business of the named insured conducted at or from the insured premises and the Company shall have the right and duty to defend any suit against the insured seeking damages on account of such bodily injury or property damage....

....
"[O]ccurrence" means an accident, including continuous or repeated exposure to conditions, which results in bodily injury or property damage neither expected nor intended from the standpoint of the insured.

(emphasis supplied)

The second policy and third policy issued by Commercial Union provide as follows:

SECTION I COVERAGES
COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY
1. Insuring Agreement.
a. We will pay those sums that the insured becomes legally obligated to pay as damages because of "bodily injury" or "property damage" to which this Insurance applies. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under SUPPLEMENTARY PAYMENTS-COVERAGES A AND B. This insurance applies only to "bodily injury" and "property damage" which occurs during the policy period. The "bodily injury" or "property damage" must be caused by an "occurrence". The "occurrence" must take place in the "coverage territory"....
....

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721 So. 2d 1021, 98 La.App. 3 Cir. 319, 1998 La. App. LEXIS 3048, 1998 WL 749255, Counsel Stack Legal Research, https://law.counselstack.com/opinion/iberia-parish-school-bd-v-sandifer-son-construction-co-inc-lactapp-1998.