Opinion
NO. 2016 CW 0752
08-08-2016
PONTCHARTRAIN NATURAL GAS SYSTEM, K/D/S PROMIX, LLC AND ACADIAN GAS PIPELINE SYSTEM v. TEXAS BRINE COMPANY, LLC
In Re: Lexington Insurance Company, applying for supervisory writs, 23rd Judicial District Court, Parish of Assumption, No. 34265. BEFORE: HIGGINBOTHAM, THERIOT AND CHUTZ, JJ.
WRIT GRANTED. The district court judgment of April 26, 2016 which denied the exception of lis pendens filed by third party defendant, Lexington Insurance Company in its capacity as excess insurer of Vulcan Materials Company, is reversed. La. Code Civ. P. art. 531 provides that when two or more suits are pending in a Louisiana court on the same transaction or occurrence, between the same parties in the same capacities, the defendant may have all but the first suit dismissed by excepting thereto. Third party plaintiff, Texas Brine Company, L.L.C., has filed prior actions which are pending against Lexington Insurance Company in its capacity as excess insurer of Vulcan Materials Company, and/or its insured, Vulcan Materials Company, in the same capacities arising from the same transaction or occurrence, and therefore, this later filed third party demand should have been dismissed as to Lexington Insurance Company in its capacity as excess insurer of Vulcan Materials Company, without prejudice. The Exception of Lis Pendens filed by Lexington Insurance Company in its capacity as excess insurer of Vulcan Materials Company is granted, and the third party demand filed by Texas Brine Company, L.L.C. against Lexington Insurance Company in its capacity as excess insurer of Vulcan Materials Company is dismissed, without prejudice.
WRC
TMH
MRT
COURT OF APPEAL, FIRST CIRCUIT /s/_________
DEPUTY CLERK OF COURT
FOR THE COURT