Orleans Parish School Board v. Lexington Insurance Co.
95 So. 3d 1205
La. Ct. App.2012Background
- OPSB and intervenors sue for Katrina-related losses against primary and excess carriers, including Westchester and RSUI.
- Westchester and RSUI move for summary judgment on flood-exclusion, attaching their policies and endorsements.
- OPSB argues follow-form coverage from Lexington creates limited flood coverage via endorsements; claims exceptions broaden flood coverage.
- Trial court grants partial summary judgment for Westchester and RSUI, finding flood exclusion unambiguous.
- OPSB seeks new trial; court denies; judgment is certified final and appeal follows.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether flood is excluded in Westchester follow-form policy | OPSB argues electronic-data flood coverage via exclusion and underlying policy creates coverage. | Westchester excludes flood; follow-form does not create flood coverage. | Flood exclusion unambiguous; no coverage. |
| Whether RSUI fungus endorsement provides flood coverage | RSUI endorsement could provide limited flood coverage for fungus damage if flood endorsement applies. | Fungus endorsement does not create flood coverage absent Flood Coverage Endorsement. | No flood coverage under RSUI policy. |
Key Cases Cited
- Dore v. Brignac, 791 So.2d 736 (La.App. 4 Cir. 2001) (summary judgment standard applicable to pleadings and evidence)
- Bonin v. Westport Ins. Corp., 930 So.2d 906 (La. 2006) (insurance policy interpretation using Civil Code rules)
- Carrier v. Reliance Ins. Co., 759 So.2d 37 (La. 2000) (common intent and plain language in contract interpretation)
- Magnon v. Collins, 739 So.2d 191 (La. 1999) (exclusions should not be read as inclusions)
- Robichaux v. Randolph, 563 So.2d 226 (La. 1990) (excess carriers may add exceptions to primary policy)