Arch Specialty Insurance Company v. C&G Construction of Louisiana, Inc.

Filing 234

ORDER & REASONS that American Automobile Insurance Company's Renewed 188 Motion for Summary Judgment is GRANTED, and judgment shall be entered in favor of American Automobile Insurance Company and against William Sacks and Houston Specialty Insurance Company, dismissing their claims with prejudice with each party to bear its/his own costs.Signed by Judge Stanwood R. Duval, Jr on 9/14/15.(Reference: 12-2047 and 13-6117) (dno)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA
ARCH SPECIALTY INS. CO.
a/s/o 2633 NAPOLEON
LIMITED PARTNERSHIP

CIVIL ACTION
NO. 12-2047
C/W NO. 13-5336
C/W NO. 13-6117

VERSUS
C&G CONSTRUCTION ON
LOUISIANA, INC.

SECTION "K"(3)

PERTAINS TO 12-2047 and 13-6117
ORDER AND REASONS
Before the Court is a Renewed Motion for Summary Judgment of American Automobile
Insurance Company ("AAIC") (Doc. 188) wherein it seeks summary judgment pursuant to Fed.
R. Civ. P. 56 on its First Amended Complaint for Rescission and Declaratory Judgment in Civil
Action No. 13-6117 and on its Cross-Claim for Rescission and Declaratory Judgment in Civil
Action No. 12-2047. AAIC issued a professional liability policy (the "Policy") to William Sacks
Insurance which Policy. AAIC seeks judgment (1) rescinding the Policy on the basis of
material misrepresentations made by Sacks Insurance in its application for the AAIC policy, (2)
granting it a declaration that the policy does not provide coverage for the claim against Sacks
Insurance because the claim does not fall within the insuring agreement of the policy, or (3)
granting a declaration that the policy does not provide coverage for the claim against Sacks
Insurance because Sacks Insurance breached the notice provision of the policy. Having
reviewed the pleadings, memoranda, exhibits, deposition testimony and the relevant law, and
noting that there is no opposition to said motion,
IT IS ORDERED that the Renewed Motion for Summary Judgment of American
Automobile Insurance Company ("AAIC") (Doc. 188) is GRANTED, and judgment shall be

entered in favor of American Automobile Insurance Company and against William Sacks and
Houston Specialty Insurance Company, dismissing their claims with prejudice with each party to
bear its/his own costs.
New Orleans, Louisiana, this 14th day of September, 2015.

STANWOOD R. DUVAL, JR.
UNITED STATES DISTRICT COURT JUDGE

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