Opinion
No. 2020-C-00334
06-22-2020
PONTCHARTRAIN NATURAL GAS SYSTEM, K/D/S Promix, LLC and Acadian Gas Pipeline System v. TEXAS BRINE COMPANY, LLC
CRICHTON, J., would grant and docket and assigns reasons:
Together with writ application No. 2020-C-00397, I would grant and docket the writ application of defendant-insurers National Union Fire Insurance Company of Pittsburgh, Pa. and AIG Specialty Insurance Company. If the Court were to find that the court of appeal correctly interpreted La. C.C.P. art. 966(F) to permit summary judgment on the claims of Texas Brine Company, LLC against the defendant-insurers, I believe the issue of whether the defendant-insurers owe a duty to defend Texas Brine and the scope of any such obligation warrants further study by this Court. See Steptore v. Masco Const. Co. , 93-2064 (La. 8/18/94), 643 So. 2d 1213, 1218 ("The insurer's duty to defend suits brought against its insured is determined by the allegations of the plaintiff's petition, with the insurer being obligated to furnish a defense unless the petition unambiguously excludes coverage .") (internal citations omitted) (emphasis added). Accordingly, I would grant and docket this writ application to explore the issues raises by defendant-insurers.