Parish Tillman v. John Deere Construction and Forestry Company, individually and as a successor in interest to John Deere Industrial Equipment Company f/k/a John Deere Construction Equipment Company and Matt Marin

COURT OF APPEAL, FIRST CIRCUIT

PARISH TILLMAN NO. 2024 CW 0394

VERSUS

JOHN DEERE CONSTRUCTION AND
FORESTRY COMPANY,
INDIVIDUALLY AND AS A
SUCCESSOR IN INTEREST TO
JOHN DEERE INDUSTRIAL
EQUIPMENT COMPANY F/ K/ A JOHN
JULY 1, 2024
DEERE CONSTRUCTION EQUIPMENT
COMPANY AND MATT MARIN

In Re: Hudson Excess Insurance Company, applying for
supervisory writs, 21st Judicial District Court, Parish
of Tangipahoa, No. 202101418.

BEFORE: THERIOT, PENZATO, AND LANIER, JJ.

WRIT GRANTED IN PART AND DENIED IN PART. We find the trial
court erred in the portion of its April 19, 2024 judgment that

granted the motion for partial summary judgment filed by plaintiff,
Parish Tillman. Plaintiff failed to meet his burden of producing
factual support sufficient to establish there is no genuine issue
of material fact or that he is entitled to judgment as a matter of
law on the issues asserted in his motion. The policy at issue in
plaintiff' s motion is an umbrella policy, and the coverage

provision contained in the policy provides for payment in excess
of the underlying limits. However, none of the underlying insurance
policies were filed with the motion. Moreover, genuine issues of
material fact preclude summary judgment on the issue of whether

Matthew Marin had permission to drive the utility vehicle at the
time of this incident. Therefore, the portion of the trial court' s
April 19,
2024 judgment that granted the motion for partial summary
judgment filed by plaintiff, Parish Tillman, is reversed, and his
motion for partial summary judgment is denied. In all other

respects, this writ application is denied.

MRT
ARP

WIL

COURT OF APPEAL, FIRST CIRCUIT

DEPUTY CLERK OF COURT
FOR THE COURT