E L & F Properties, L.L.C. v. Santec Consulting Services Inc

STATE OF LOUISIANA
COURT OF APPEAL, FIRST CIRCUIT

EL & F PROPERTIES, L.L.C., YMH NO. 2025 CW 0939
INTERNATIONAL, LLC, MEAUX INTERNATIONAL,

LLC, GREAT MEDIA, INC., CRR PROPERTIES,

LLC, RALPH R. JOLLISAINT, TTEE, DXI

HEALTH SOLUTIONS, DORMIBENE, LLC,

AMERICAN PROPERTY MANAGEMENT GROUP, LLC

VERSUS

STANTEC CONSULTING SERVICES, INC.,
BRASFIELD & GORRIE, L.L.C., COMMAND

CONSTRUCTION INDUSTRIES, LLC, OUR LADY OF

THE LAKE HOSPITAL, INC., THE CITY OF

BATON ROUGE/PARISH OF EAST BATON ROUGE,

HKS ARCHITECTS, APAC, ADAMS MANAGEMENT

SERVICES CORPORATION, ABC INSURANCE

COMPANY, DEF INSURANCE COMPANY, GHI

INSURANCE COMPANY, JKL INSURANCE COMPANY,

MNO INSURANCE COMPANY, PQR INSURANCE JANUARY 7, 2026
COMPANY, AND STU INSURANCE COMPANY

In Re: National Union Fire Insurance Company of Pittsburgh, PA,
applying for supervisory writs, 19th Judicial District
Court, Parish of East Baton Rouge, No. 719148.

BEFORE : LANIER, WOLFE, AND HESTER, Jd.
WRIT DENIED.

WIL
EW

Hester, J., dissents and would grant the writ. Referred to as
the “eight-corners rule,” an insurer must look to the four corners
of the petition and the four corners of the policy to determine
whether it has a duty to defend. Brilliant Nat’l Servs., Inc. v.
Travelers Indem. Co., 2021-1471 (La. App. lst Cir. 9/7/22), 349
So.3d 581, citing American Home Assurance Co. v. Czarniecki, 230
So.2d 253, 259 (La. 1969). Cases applying the “eight-corners rule”
hold that an insurer owes a duty to defend if, assuming the factual
allegations are true, there would be both (1) coverage under the
policy, and (2) liability to the plaintiff. Id. citing Maldonado
v. Kiewit Louisiana, Coe., 2013-0756 (La. App. lst Cir. 3/24/14),
146 So.3d 210, 218-19. From a review solely of the “eight corners”
of the petition and the policy, I would reverse the judgment of
the trial court and deny the motion for partial summary judgment
filed by Brasfield & Gorrie, LLC.

DAPUTY CLERK OF COURT
(\ FoR THE COURT