Western World v. Paradise Pools & Spas

633 So. 2d 790, 1994 La. App. LEXIS 523, 1994 WL 52722
CourtLouisiana Court of Appeal
DecidedFebruary 23, 1994
Docket93-CA-723
StatusPublished
Cited by12 cases

This text of 633 So. 2d 790 (Western World v. Paradise Pools & Spas) 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
Western World v. Paradise Pools & Spas, 633 So. 2d 790, 1994 La. App. LEXIS 523, 1994 WL 52722 (La. Ct. App. 1994).

Opinion

633 So.2d 790 (1994)

WESTERN WORLD INSURANCE COMPANY, INC.
v.
PARADISE POOLS & SPAS, INC.

No. 93-CA-723.

Court of Appeal of Louisiana, Fifth Circuit.

February 23, 1994.

*791 Gregory J. McDonald, Bienvenu, Foster, Ryan & O'Bannon, New Orleans, for plaintiff/appellant.

John H. Wells, New Orleans, for defendant/appellee.

Before KLIEBERT, WICKER, and GOTHARD, JJ.

WICKER, Judge.

This appeal arises from an action for declaratory judgment by Western World Insurance Company, Inc. against Paradise Pools & Spas, Inc., Candy Riffel and Dennis Riffel, in which the trial court declined to grant declaratory relief and dismissed the petition for declaratory judgment. We reverse and render.

The Riffels sued Paradise Pools for breach of a contract for construction of a swimming pool, alleging that Paradise "failed to construct the swimming pool in a competent and workmanlike manner, failed to use high quality materials in said construction, failed to complete the job, and/or failed to deliver all equipment and accessories in accordance with the contract," and that the swimming pool developed apparent defects including "large cracks in the pool base (foundation) and plaster, as well as cracks in the patio *792 decking surrounding the pool." They also alleged the contract was intended to gratify a nonpecuniary interest and that they suffered damages arising from "inconvenience, mental distress, and other nonpecuniary losses." Riffel v. Paradise Pools, No. 365-183, 24th Judicial District Court for the Parish of Jefferson.

As a result of the Riffel suit, Paradise Pools demanded that Western World, its general liability insurer, provide insurance coverage and defense of the claim. Western World, which is not a party to the Riffel suit, filed the instant suit, seeking a declaratory judgment regarding the coverage questions and its duty to defend in the Riffel suit.

Western World contends the damages sought by the Riffels are not covered by its policy because (1) they are claims excluded by the "Completed Operations Hazard" and "Products Hazard" exclusion, (2) there was no "occurrence" as defined by the policy, and (3) because the policy excludes damage to the insured's work or product and damages arising out of contractual liability.

Paradise Pools contends that the damage to the pool was caused not by faulty workmanship, but by differential settlement due to latent soil defects which constitute an "occurrence" as defined by the policy. Paradise denies any liability for the damage to the pool, but argues that Western World owes it a defense and indemnification in the event it is found liable.

The trial court declined to decide these issues outside of the Riffel suit, stating:

The Court has reviewed this record at length. The Court has read and reread the insurance contract between the parties. This policy is ambiguous and confusing. Under Louisiana law, doubts, uncertainties, or ambiguities in insurance policies are to be resolved in favor of the insured and against the insurer. In the case of ambiguity, the construction of an insurance policy will be adopted which is most favorable to the insured. This rule applies with particular force to the interpretation of exclusion provisions in an insurance policy. [Citations omitted.]
The Court believes that the insurance company clearly has a duty to defend Paradise Pools and Spas under the terms of the insurance policy. This Court feels that the case needs to proceed to trial on the merits to determine indemnity and coverage issues.
For the reasons assigned above, the declaratory judgment action is denied and dismissed.

(Reasons for Judgment, R. 98, 100.)

The judgment itself, however, simply denied and dismissed the petition for declaratory judgment, without mentioning the issues of coverage and defense.

Western World appeals, specifying that the trial court erred (1) in finding the policy ambiguous, (2) in determining that Western World owed a duty to defend, (3) in not determining coverage in the declaratory judgment action, and (4) in not finding the Riffels' claims against Paradise excluded.

Ambiguity of the policy and duty to defend are issues that were addressed in the trial court's reasons for judgment but were not mentioned in the judgment itself. Appeals are taken from adverse judgments, not from opinions. Keys v. Box, 476 So.2d 1141 (La.App. 3rd Cir.1985); see La.C.Civ.P. arts. 2082, 2083.

The trial court's written reasons, while defining and elucidating the principles upon which he is deciding a case, form no part of the official judgment he signs and from which appeals are taken. La.C.Civ.P. art. 1917, 1918.

Sullivan v. Gulf States Utilities, 382 So.2d 184, 186 (La.App. 1st Cir.), writ denied, 384 So.2d 447 (La.1980). Where there is a conflict between the reasons for judgment and the judgment, the judgment prevails. Watts v. Aetna Cas. and Sur. Co., 574 So.2d 364 (La.App. 1 Cir.1990). Thus, although the trial judge discussed coverage and defense in his reasons for judgment, his failure to mention them in the judgment itself and his outright dismissal of Western World's petition mean that the judgment did not determine the issues of coverage and defense.

The trial judge plainly intended to rule on the issue of duty-to-defend, while leaving the *793 coverage issue for determination at the trial of the Riffel suit. In so doing, he apparently assumed that Western World was a defendant or third-party defendant in the Riffel case. In fact, Western World is not a party to the other suit; thus, although the facts that determine policy coverage will be elicited at the trial of the Riffels' case, the legal issues of defense and coverage cannot be determined therein. Further, under the wording of the judgment in this case, there is no enforceable determination that Western World has a duty to defend Paradise Pools.

Thus, the initial question is whether the trial court erred in declining to grant declaratory relief and in dismissing the suit for declaratory judgment.

Right to Declaratory Relief

Courts may entertain an action for declaratory judgment when appropriate. La. C.Civ.P. art. 1871, 1872. Although the trial court within its sound discretion may refuse to render a declaratory judgment where such a judgment would not terminate the uncertainty or controversy giving rise to the proceeding, the court must render a declaratory judgment where it would terminate the uncertainty or controversy giving rise to the proceeding. Morial v. Guste, 365 So.2d 289 (La.App. 4th Cir.1978), writ denied, 365 So.2d 1375; La.C.Civ.P. arts. 1875, 1876.

The very purpose of the declaratory judgment procedure is to remove uncertainty in existing (as opposed to hypothetical) situations. While courts should not render advisory opinions, a person is entitled to relief by declaratory judgment when his rights are uncertain or disputed in an immediate and genuine situation and the declaratory judgment will remove the uncertainty or terminate the dispute. When a declaratory judgment is thus appropriate, neither the existence of another adequate remedy nor the fact that further relief has been or can be claimed will preclude the court from rendering judgment declaring the petitioner's rights or status. La.C.Civ.P. art. 1871.

In re P.V.W., 424 So.2d 1015, 1022 n. 10 (La.1982).

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Bluebook (online)
633 So. 2d 790, 1994 La. App. LEXIS 523, 1994 WL 52722, Counsel Stack Legal Research, https://law.counselstack.com/opinion/western-world-v-paradise-pools-spas-lactapp-1994.