Opinion
NO. 2017 CW 0158
10-17-2017
FARON BOURG, INDIVIDUALLY AND ON BEHALF OF HIS MINOR DAUGHTER, VICTORIA BOURG AND SHELIA BOURG v. LIGHTHOUSE INSURANCE COMPANY, PHAROS CLAIMS SERVICES, LLC, ENVIRO-CLEAN SERVICES, INC., AND KNIGHT BUILDING INSPECTION SERVICES, LLC
In Re: Lighthouse Property Insurance, Pharos Claim Services, LLC, and Enviro-Clean Services, Inc., Jointly, applying for supervisory writs, 32nd Judicial District Court, Parish of Terrebonne, No. 171849. BEFORE: WELCH, CRAIN, AND HOLDRIDGE, JJ.
WRIT GRANTED. After de novo review, we find that Lighthouse Property Insurance Corporation and its claims administrator, Pharos Claims Services, carried their burden of proof on the motion for summary judgment by pointing out the absence of factual support for essential elements of plaintiffs' negligence claims - duty, breach of duty, and causation. The documentary evidence establishes that plaintiffs sustained water damage to their home on April 11, 2013, and reported the damage to Lighthouse and filed a claim with Pharos that same day. On April 18, 2013, Pharos inspected the water damage. On April 22, 2016, Lighthouse authorized moisture mitigation and mold remediation, which began the next day. Plaintiffs vacated the home on April 27, 2013. Plaintiffs thereafter failed "to produce factual support sufficient to establish the existence of genuine issues of material fact or that [Lighthouse and Pharos are] not entitled to judgment as a matter of law." La. Code Civ. Pro. Art. 966D. Consequently, the December 22, 2016 judgment is reversed, and summary judgment is granted in favor of Lighthouse Property Insurance Corporation and Pharos Claims Services, dismissing plaintiffs' claims of negligence against them.
JEW
WJC
GH
COURT OF APPEAL, FIRST CIRCUIT /s/_________
DEPUTY CLERK OF COURT
FOR THE COURT