Opinion
NO. 2017 CW 1360
03-23-2018
BRUCE SHERIDAN AND MONEE SHERIDAN v. PANNO CONSTRUCTION, LLC
In Re: Federated National Insurance Company f/k/a American Vehicle Insurance Company, applying for supervisory writs, 21st Judicial District Court, Parish of Tangipahoa, No. 2012-2135. BEFORE: HIGGINBOTHAM, HOLDRIDGE AND PENZATO, JJ.
WRIT GRANTED. The coverage provided by Federated National Insurance Company, formerly known as American Vehicle Insurance Company ("AVIC") to Panno Construction, L.L.C. limited coverage to damages arising from the following operations: "CEILING OR WALL INSTALLATION - METAL" and "ACCOUSTICAL CEILING INSTALLATION." It is undisputed that no acoustical ceilings or metal ceilings or walls were installed in the home at issue. Further, Panno Construction, L.L.C. operated only as general contractor with regards to the home at issue. Acting as a general contractor does not come within the coverage of the insurance contract. See Waguespack v. Richard Waguespack, Inc., 2006-0711 (La. App. 1st Cir. 2/14/07), 959 So. 2d 982. Moreover, plaintiffs have failed to come forth with any competent summary judgment evidence to demonstrate that the alleged damages manifested themselves during the policy period. See St. Paul Fire & Marine Insurance Company, 95-0649 (La. App. 1st Cir. 11/9/95), 665 So. 2d 43. Thus, AVIC's Motion for Summary Judgment seeking a declaration that the policy issued to Panno Construction, L.L.C. does not provide coverage for the complained of damages is granted.
TMH
GH
AHP
COURT OF APPEAL, FIRST CIRCUIT /s/_________
DEPUTY CLERK OF COURT
FOR THE COURT