Lodwick, L.L.C. v. Chevron U.S.A., Inc.

126 So. 3d 544, 2013 WL 5477240, 2013 La. App. LEXIS 1986
CourtLouisiana Court of Appeal
DecidedOctober 2, 2013
DocketNo. 48,312-CA
StatusPublished
Cited by10 cases

This text of 126 So. 3d 544 (Lodwick, L.L.C. v. Chevron U.S.A., 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
Lodwick, L.L.C. v. Chevron U.S.A., Inc., 126 So. 3d 544, 2013 WL 5477240, 2013 La. App. LEXIS 1986 (La. Ct. App. 2013).

Opinion

LOLLEY, J.

| jThis appeal arises out of an insurance coverage dispute whereby four different defendants, Admiral Insurance Company (hereinafter referred to as “Admiral”), Steadfast Insurance Company (hereinafter referred to as “Steadfast”), ACE American Insurance (hereinafter referred to as “ACE”), and Oracle Oil, L.L.C. (hereinafter referred to as “Oracle”), appeal a single judgment granting Oracle’s motion for partial summary judgment against Admiral and ACE, denying Oracle’s motion for partial summary judgment against Steadfast, and granting Steadfast’s motion for summary judgment against Oracle. All of the motions addressed the same issue-the duty to defend. For the reasons set forth below, we reverse the judgment of the trial court and grant summary judgment in favor of Admiral, Steadfast, and ACE.

Facts

This case involves a “legacy lawsuit” by a group of land owners against a group of oil and gas operators who have worked in and around the Bellevue Field in Bossier Parish since the 1930s. Plaintiffs,1 Lod-wick, L.L.C., Lodwick Minerals, L.L.C., William K. Sample, Hines S. Vaughn, Sr., Thomas G. Jackson, and Arthur Sample, III (hereinafter referred to as “Plaintiffs”), filed suit on March 30, 2006, against various defendants, including Oracle, seeking damages related to defendants’ oil and gas production and exploration activities.2 These activities include the ^construction and operation of pits, wells, sumps, pipelines, flow lines, tank batteries, well heads, measuring facilities, separators, and injection facilities. Plaintiffs allege that the operation of these facilities, including the spillage and/or disposal of toxic oil field wastes, caused pollution damages on or adjacent to their property.

In particular, plaintiffs allege that from 1978 to 1990, Oracle’s predecessors conducted oil and gas activities, including the operation of numerous oil wells, an open pit, and tank batteries on the property immediately east of and adjacent to Section 15. Oracle allegedly acquired these same wells in 2000 and continues to operate them to present. It was these facilities along with the wells that plaintiffs allege are sources of pollution which have migrated and caused damage to the soils and groundwaters underlying plaintiffs’ property.

Four different insurers provided insurance to Oracle between 2000 and 2011, as more fully described below:

[[Image here]]
[548]*548[[Image here]]

Upon receiving notice of the lawsuit, Oracle wrote its insurers seeking defense and indemnification. In time, Admiral, Steadfast, and ACE each responded, denying coverage based on certain exclusions, conditions, or endorsements in their policies. However, Bituminous Casualty Corporation (hereinafter referred to as “Bituminous”) initially agreed to defend Oracle. As a result of the denial of coverage, Oracle filed third party demands for indemnification and defense against Admiral, Steadfast and ACE. Oracle sought reimbursement, defense, and indemnity from the three insurance companies, along with all losses, costs, and expenses, including attorney fees incurred or to be incurred by Oracle in defending against the claims asserted by the plaintiffs in the original suit.

Admiral responded by filing a motion for summary judgment and declaratory judgment seeking a dismissal of Oracle’s claim for coverage and a declaration that Admiral did not have a duty to defend Oracle. The trial court denied Admiral’s motion for summary judgement on the duty to defend, and Admiral sought writs with this court. This court denied the writ on April 27, 2012, on the showing made, and stated the applicant would have an adequate remedy on appeal. Likewise, the Louisiana Supreme Court denied writs on September 14, 2012.

Simultaneously in the trial court, Oracle filed a motion for partial |4summary judgment on the duty to defend against Admiral, Steadfast, and ACE. Steadfast responded by filing a cross-motion for summary judgment asserting various conditions and exclusions contained in their policies issued to Oracle. ACE also filed a motion based on its policy language.

In July 2012, Bituminous filed a petition for intervention and intervened in the third party demand, alleging that it was providing Oracle with a defense, and it was entitled to contribution from Admiral, Steadfast, and ACE.

A hearing was held on September 12, 2012, and the trial court granted Oracle’s motion as to Admiral and ACE, finding a duty to defend existed. However, the trial court denied Oracle’s motion for partial summary judgnent as to Steadfast and granted Steadfast’s cross-motion for summary judgment based solely on the “Other Insurance” provision in the Steadfast policy. Explaining its reasoning, the trial court stated:

With respect to the issue of duty to defend, Oracle’s Motion for partial summary judgment filed May 9, 2012 is granted in part, specifically as to Admiral and ACE. It’s denied as to Steadfast on the sole argument, and I’m going to limit it and make certain the record is clear, it’s on the sole — if Steadfast has a [549]*549provision, and the Court is finding that it has a provision of the policy, that if another policy or insurance has coverage it specifically will not provide a duty to defend. Now, if I’m wrong about that or I missed it or the arguments I missed, then certainly I will be reversed on that, but that’s the basis. If it were not for that provision of the policy, the Court’s ruling would be different. Therefore, as to the Steadfast cross-motion for summary judgment on the issue of, you know, duty to defend that was filed June 18, 2009, it’s granted.

The judgment of the trial court was not certified as suitable for immediate appeal, and this court received writ applications from Oracle, Admiral, Steadfast, and ACE. Ultimately, the trial court certified its | ¿judgments for immediate appeal, and this appeal by the various parties ensued.

STANDARD Of REVIEW

Appellate courts review summary judgments de novo under the same criteria that govern the district court’s consideration of whether summary judgment is appropriate. Elliott v. Continental Cas. Co., 2006-1505 (La.02/22/07), 949 So.2d 1247, 1254; Reynolds v. Select Properties, Ltd., 93-1480 (La.04/11/94), 634 So.2d 1180, 1183; Gonzales v. Geisler, 46,501 (La.App.2d Cir.09/21/11), 72 So.3d 992, 995. A motion for summary judgment will be granted if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue of material fact, and that the mover is entitled to judgment as a matter of law. La. C.C.P. art. 966(B).

Relevant to the ease sub judice, in an action under an insurance contract, the insured bears the burden of proving the existence of a policy and coverage. The insurer, however, bears the burden of showing policy limits or exclusions. Tunstall v. Stierwald, 2001-1765 (La.02/26/02), 809 So.2d 916, 921; Whitham v. Louisiana Farm Bureau Cas. Ins. Co., 45,199 (La.App.2d Cir.04/14/10), 34 So.3d 1104, 1107; Gonzales, supra. 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.

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

Related

Cite This Page — Counsel Stack

Bluebook (online)
126 So. 3d 544, 2013 WL 5477240, 2013 La. App. LEXIS 1986, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lodwick-llc-v-chevron-usa-inc-lactapp-2013.