Bayou Inspection Services, Inc. v. Orion Construction LP

Filing 63

ORDER and REASONS denying 27 Motion for Partial Summary Judgment, as stated within docuemnt. Signed by Judge Kurt D. Engelhardt on 1/3/2013. (cab)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA

BAYOU INSPECTION SERVICES, INC.

CIVIL ACTION

VERSUS

NO. 11-2643

ORION CONSTRUCTION LP

SECTION “N” (3)

ORDER AND REASONS
Before the Court is Defendant in Counterclaim, First Mercury Insurance Company’s
Motion for Partial Summary Judgment (Rec. Doc. 27), seeking to dismiss claims for bad faith
penalties and attorney fees brought against First Mercury by counterclaimant Orion Construction
LP (“Orion”).
Having considered First Mercury’s motion and the memorandum and materials submitted
in support thereof (Rec. Doc. 27 and attachments), Orion’s opposition memorandum and
materials submitted therewith (Rec. Doc. 32 and attachments), First Mercury’s reply
memorandum (Rec. Doc. 37), Orion’s sur-reply memorandum (Rec. Doc. 41), First Mercury’s
response to the sur-reply (Rec. Doc. 48), and the applicable law, the Court finds that Orion has
shown that a genuine dispute exists as to whether First Mercury has received satisfactory proof
of all or part of the claimed loss and if so, when such receipt occurred; whether the loss is
covered under the Professional Liability part of the Policy; whether First Mercury has a
reasonable basis for its continued failure to pay all or part of the loss pursuant to the Professional
Liability part of the Policy; and whether First Mercury has misrepresented its Policy provisions,
particularly those which it claims exclude coverage under the Professional Liability part of the

Policy.
Accordingly,
IT IS ORDERED that First Mercury’s motion for partial summary judgment (Rec. Doc.
27) is hereby DENIED.
New Orleans, Louisiana, this 3rd day of January, 2013.

____________________________________
KURT D. ENGELHARDT
UNITED STATES DISTRICT JUDGE

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