2024-CC-00880 Precedential Dismissed Processed

Commercial Chemical Products, Inc. D/b/a Poolsure v. Jake's Towing, L.L.C., And Axis Capital Insurance Company

Louisiana Supreme Court · Filed November 14, 2024

Opinion text

Supreme Court of Louisiana
November 14, 2024
Chief Deputy Clerk of Court
For the Court
The Supreme Court of the State of Louisiana
COMMERCIAL CHEMICAL PRODUCTS, INC.
D/B/A POOLSURE
VS.
JAKE'S TOWING, L.L.C., AND AXIS CAPITAL
INSURANCE COMPANY
No. 2024-CC-00880
_ _
_ _ _ _
I
N RE: Commercial Chemical Products, Inc. D/B/A Poolsure - Applicant Plaintiff;
Applying For Writ Of Certiorari, Parish of St. Charles, 29th Judicial District Court
Number(s) 89,497, Court of Appeal, Fifth Circuit, Number(s) 24-C-125;
_ _ _ _ _ _
November 14, 2024
Writ application granted. See per curiam.
Hughes, J., dissents.
WJC
JLW
SJC
JTK
JBM
PDG
11/14/2024 "See News Release 051 for any Concurrences and/or Dissents."

SUPREME COURT OF LOUISIANA
No. 2024-CC-00880
COMMERCIAL CHEMICAL PRODUCTS, INC. D/B/A POOLSURE
VS.
JAKE'S TOWING, L.L.C., AND AXIS CAPITAL INSURANCE COMPANY
On Writ of Certiorari to the Court of Appeal, Fifth Circuit, Parish of St. Charles
PER CURIAM
Granted. The May 15, 2024 judgment of the court of appeal is amended to
provide that only those claims arising under the commercial general liability
provisions of the policy are dismissed with prejudice. The portion of the trial court’s
February 8, 2024 judgment dismissing plaintiff’s claims under the auto provisions
of the policy was not challenged through writ or appeal. Therefore, to the extent the
judgment purports to address that ruling, the CA erred. The case is remanded to the
trial court for further proceedings.
11/14/24