John and Tanya Gatlin v. Bella Aqua Pools and Spas, LLC and Penn-America Insurance Company

STATE OF LOUISIANA
COURT OF APPEAL, FIRST CIRCUIT

JOHN AND TANYA GATLIN NO. 2026 CW 0517
VERSUS
BELLA AQUA POOLS AND SPAS, SEPTEMBER 25, 2026

LLC AND PENN-AMERICA
INSURANCE COMPANY

In Re: Penn-America Insurance Company, applying for supervisory
writs, 32nd Judicial District Court, Parish of
Terrebonne, No. 201876.

BEFORE : PENZATO, GREENE, AND FIELDS, JJ.

WRIT DENIED.

HG
WEF

Penzato, J., dissents and would grant the writ. Defendant,
Penn-America Insurance Company, has asserted the applicability of
the prior work exclusion in the policy issued to Bella Aqua Pools
and Spas, LLC, which excludes coverage for work completed prior to
the date of the policy. That endorsement, titled “Exclusion -
Prior Work”, provides that “if ‘your work’ was performed in part
during the policy period of this policy and in part before the
date shown in the Schedule above or the policy period of this
policy, whichever is earlier, any ‘occurrence’ and resulting
‘bodily injury’ or ‘property damage’ claimed to result from ‘your
work’ will be deemed to have resulted, in its entirety, solely
from ‘your work’ prior to the policy period of this policy”. There
is no dispute herein that the work of Bella Aqua Pools and Spas,
LLC at plaintiffs’ property began on August 5, 2024, and the
effective date of the policy was August 22, 2024. Accordingly,
despite the fact that Bella Aqua Pools and Spas, LLC performed
work after the effective date of the policy, pursuant to this
exclusion, any resulting damage is deemed to have resulted, in its
entirety, from work prior to the policy period, and is therefore,
excluded. I would grant the motion for summary judgment and
dismiss plaintiffs’ claims against defendant, Penn-America
Insurance Company.

OURT OF APPEAL, FIRST CIRCUIT

(M2 Ay A ence” 1 Ne |
PUTY CLERK OF COURT
\-| FOR THE COURT