Opinion
NO. 2016 CW 1033
01-20-2017
PATRICK C. BURNHAM v. QBE SPECIALTY INSURANCE COMPANY, ET AL
In Re: Maxum Indemnity Company, applying for supervisory writs, 19th Judicial District Court, Parish of East Baton Rouge, No. 636,223. BEFORE: PETTIGREW, McDONALD, AND CALLOWAY, JJ.
WRIT GRANTED. That portion of the trial court's ruling of August 3, 2016, denying the part of Maxum Indemnity Company's motion for partial summary judgment finding that genuine issues of material fact exist with respect to the settlement agreement between plaintiff and the underlying liability insurer and its insureds regarding Maxum's entitlement to a credit of the full $1,000,000 is hereby reversed. Judgment is entered in favor of Maxum finding that no genuine issues of material fact remain as to the settlement agreement and it is entitled to a credit for the full $1,000,000. Malbreaugh v. CNA Reinsurance Co., 2003-2088 (La. App. 1 Cir. 9/17/04), 887 So.2d 494, writ denied, 2001-2568 (La. 12/17/04), 888 So.2d 871. Request for oral argument is denied.
JMM
CAC
JTP
COURT OF APPEAL, FIRST CIRCUIT /s/_________
DEPUTY CLERK OF COURT
FOR THE COURT
Calloway, J., serving as judge pro tempore of the Court of Appeal, First Circuit, by special appointment of the Louisiana Supreme Court.