Wilton And Sabena Crochet v. Nicks Refrigeration Sales And Service, Inc., United Fire & Indemnity Company And Nationwide General Insurance Company

Supreme Court of Louisiana
March 28, 2023
Chief Deputy Clerk of Court
For the Court
The Supreme Court of the State of Louisiana
WILTON AND SABENA CROCHET
VS.
NICKS REFRIGERATION SALES AND
SERVICE, INC., UNITED FIRE & INDEMNITY
COMPANY AND NATIONWIDE GENERAL
INSURANCE COMPANY
No. 2023-C-00085
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I
N RE: Wilton Crochet - Applicant Plaintiff; Sabena Crochet - Applicant Plaintiff;
Applying For Writ Of Certiorari, Parish of St. Mary, 16th Judicial District Court
Number(s) 133583, Court of Appeal, First Circuit, Number(s) 2022 CA 0134;
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March 28, 2023
Writ application granted. See per curiam.
H
ughes, J., dissents.
WJC
JLW
SJC
JTG
JBM
PDG
03/28/2023 "See News Release 016 for any Concurrences and/or Dissents."

SUPREME COURT OF LOUISIANA
No. 2023-C-00085
WILTON AND SABENA CROCHET
VS.
NICKS REFRIGERATION SALES AND SERVICE, INC., UNITED FIRE &
INDEMNITY COMPANY AND NATIONWIDE GENERAL INSURANCE
COMPANY
On Writ of Certiorari to the Court of Appeal, First Circuit, Parish of St. Mary
Per Curiam
Reversed and remanded. Defendant, United Fire & Indemnity Company , is
not entitled to judgment as a matter of law. While the insurance policy excludes
coverage for “[f]aulty, inadequate or defective [d]esign, specifications,
workmanship, repair, construction, renovation, remodeling, grading, [or]
compaction,” it further provides that “[a]ny ensuing loss to property … not excluded
or excepted in this policy is covered.” Plaintiffs argue the damage at issue here was
an “ensuing loss.” Summary judgment declaring a lack of coverage under an
insurance policy may not be rendered unless there is no reasonable interpretation of
the policy, when applied to the undisputed material facts shown by the evidence
supporting the motion, under which coverage could be afforded. Reynolds v. Select
Properties, Ltd., 93-1480 (La. 4/11/94), 634 So.2d 1180, 1183. This standard is not
met here. There are questions of fact as to whether any of the damages suffered by
the plaintiffs constitute an “ensuing loss.” The denial of plaintiffs’ motion for partial
summary judgment is affirmed. The grant of summary judgment in favor of United
Fire & Indemnity Company is reversed. T he matter is remanded to the trial court
for further proceedings consistent with this opinion.
03/28/23