Q B E Specialty Insurance Co v. Royal Commercial Construction L L C et al

Filing 18

MEMORANDUM RULING re 15 MOTION for Summary Judgment filed by Q B E Specialty Insurance Co. Signed by Judge S Maurice Hicks on 05/01/2012. (crt,McDonnell, D)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF LOUISIANA
SHREVEPORT DIVISION
_____________________________________________________________________
QBE SPECIALTY INSURANCE
COMPANY

CIVIL ACTION NO. 11-2062

VERSUS

JUDGE S. MAURICE HICKS, JR

ROYAL COMMERCIAL
CONSTRUCTION, INC., et al

MAGISTRATE JUDGE HORNSBY

_______________________________________________________________________
MEMORANDUM RULING
Before this Court is a Motion for Summary Judgment (Record Document 15) filed
on behalf of Plaintiff, QBE Specialty Insurance Company (“QBE”) seeking a declaratory
judgment.
Summary judgment “should be rendered if the pleadings, the discovery and
disclosure materials on file, and any affidavits show that there is no genuine issue as to any
material fact and that the movant is entitled to judgment as a matter of law.” Fed. R. Civ.
Pro. 56(c)(2). The burden of proof in a summary judgment proceeding is on the party
moving for summary judgment. Celotex Corp. v. Catrett, 477 U.S. 317, 330, 106 S.Ct.
2548, 2556 (1986). If the motion is properly made, the non-movant “must set forth facts
showing that there is a genuine issue for trial.” Anderson v. Liberty Lobby, Inc., 477 U.S.
242, 250, 106 S.Ct. 2505, 2511 (1986). Additionally, Local Rule 56.1 requires the moving
party to file a statement of material facts as to which it contends there is no genuine issue
to be tried. All material facts set forth in the statement required to be served by the moving
party “will be deemed admitted, for purposes of the motion, unless controverted as required
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by this rule.” Local Rule 56.2.
In 2008, the University of New Orleans contracted with Insulation Technologies, Inc.
for asbestos abatement and re-roofing of the University Center Building. (Record Document
1 at 2). Insulation Technologies, Inc. subcontracted with Royal Commercial Construction,
Inc. (“Royal”) to “hang a suspended ceiling grid and install aluminum ceiling panels once
the grid was hung.” (Record Document 15-2 at 1). After completion of the project, Insulation
Technologies, Inc. discovered that the ceiling panels were not finished with the proper
substance. (Record Document 15-1 at 1). Insulation Technologies, Inc. holds Royal liable
for the defective panels and the damages that resulted from their instillation. See id. Royal
has an insurance policy with QBE.
QBE seeks a declaration that QBE is not bound to provide insurance coverage to
its insured, Royal, for damages and claims arising out of this project. In the present matter,
the Defendants have not filed an opposition to QBE’s Motion for Summary Judgment. On
April 5, 2012, this Court issued a “Notice of Motion Setting” (Record Document 16) giving
Defendants twenty-one (21) calendar days from April 5, 2012 to file an opposition to QBE’s
Motion for Summary Judgment. They have not done so as of the date of this Order. Thus,
because the material facts set forth by QBE (Record Document 15-2) have not been
controverted, there is no genuine issue of material fact for trial. The Court finds that QBE
is entitled to a judgment as a matter of law declaring that QBE does not owe Royal
insurance coverage for damages, repair, or replacement of the ceiling panels.
Therefore, IT IS ORDERED that QBE’s Motion for Summary Judgment be and is
hereby GRANTED.
THUS DONE AND SIGNED, in Shreveport, Louisiana, this 1st day of May, 2012.

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