Show-Me Construction, LLC v. Wellington Specialty Insurance Co., 83 So. 3d 1156

Whitesides sued Wellington under Show-Me Construction’s policy for damages from a 2006 roof repair claim.
Show-Me LLC allegedly paid damages and sought reimbursement from Wellington, which denied coverage due to an open roof loss exclusion.
Show-Me filed a petition for damages in 2007 and was dismissed without prejudice; Show-Me dissolved by affidavit in 2007.
Whitesides was later added as a plaintiff in 2009 but only alleged rights as Show-Me’s insured under the policy, not personal damages.
Wellington raised lis pendens, res judicata, no right of action, and no cause of action; trial court dismissed against Whitesides with prejudice.
Appeal concerns whether Whitesides has standing and whether the petition states a personal cause of action.

Issue	Plaintiff's Argument	Defendant's Argument	Held
No right of action—standing.	Whitesides, as insured and sole member, has a right to enforce the policy against Wellington.	Whitesides lacks capacity to sue personally; the suit seeks Show-Me’s claims, not Whitesides’ personal damages.	No right of action sustained; Whitesides lacked standing.
No cause of action—personal remedy.	petition alleges insured breach and damages to Whitesides personally.	Petition shows no personal damages or rights; Whitesides sued as insured but not damaged personally.	No cause of action sustained; no personal remedy.
Amendment requirement where grounds are curable.	Court should allow amendment to cure defects.	Amendment would be futile given lack of capacity; orderly amendment unnecessary.	Dismissal without amendment affirmed; amendment would be vain.

First Bank and Trust v. Duwell, 57 So.3d 1076 (La. App. 5 Cir. 2010) (standing requires a real and actual interest)
DiLeo v. Hansen, 45 So.3d 1120 (La. App. 5 Cir. 2010) (no-cause action test; petition must state a legal remedy)
Kent v. Epherson, 864 So.2d 708 (La. App. 5 Cir. 2003) (amendment allowed when grounds removable; discretion of trial court)