Opinion
NO. 2017 CW 0750
09-18-2017
CAMSOFT DATA SYSTEMS, INC. v. SOUTHERN ELECTRONICS SUPPLY, INC. AND ACTIVE SOLUTIONS, LLC
In Re: Continental Casualty Company, applying for supervisory writs, 19th Judicial District Court, Parish of East Baton Rouge, No. 582741. BEFORE: McCLENDON, WELCH AND THERIOT, JJ.
WRIT GRANTED IN PART; WRIT DENIED IN PART. We grant the writ in part and vacate the portion of the June 1, 2017 judgment that is directed to and addresses the issue of insurance coverage under the pertinent insurance policies. Louisiana Code of Civil Procedure Art. 966(F) provides that "(a) summary judgment may be rendered or affirmed only as to those issues set forth in the motion under consideration by the court at that time." Further, "a court cannot render a motion for summary judgment dismissing a claim that has not been challenged by the pleading." Cason v. Saniford, 13-1825 (La. App. 1 Cir. 6/6/14), 148 So.3d 8, 14. The motion for summary judgment under review did not raise the issue of insurance coverage; therefore, the June 1, 2017 judgment is vacated as to any decree directed to or addressing the issue of insurance coverage. In all other respects, the writ is denied.
JEW
MRT
PMc
COURT OF APPEAL, FIRST CIRCUIT /s/_________
DEPUTY CLERK OF COURT
FOR THE COURT