JAMES E. SHIELDS, JR., CHRISTINE F. SHIELDS, JAMES E. SHIELDS, III, AND JOSEPH LUKE SHIELDS
ALVIN R. SAVOIE & ASSOCIATES, INC. D/B/A SAVOIECONSTRUCTION, INC., FOSTER-TAYLOR FIREPLACES, INC., AMERICAN EMPIRE SURPLUS LINES INSURANCE COMPANY, THE TRAVLERS INDEMNITY COMPANY OF CONNECTICUT, ROSS SAVOIE, ROSS SAVOIE CONSTRUCTION, LLC, AMERICAN EMPIRE SURPLUS LINES INSURANCE COMPANY, AMERICA'S CHOICE 2-10 HOME BUYER'S WARRANTY, AND JKL INSURANCE COMPANY ASI LLOYDS AS SUBROGEE OF JAMES AND CHRISTINE SHIELDS
SAVOIE CONSTRUCTION, INC., SAVOIE CONSTRUCTION AND DEVELOPMENT, LLC, ANDFOSTER-TAYLOR FIREPLACES, INC.
Appeal from the 22nd Judicial District Court In and for the
Parish of St. Tammany State of Louisiana Trial Court No.
2012-10392 Consolidated With 2012-10262 Honorable Peter J.
Garcia, Judge Presiding
E. Shields, Jr. James E. Shields, Sr. Gretna, LA Attorneys
for Plaintiffs-Appellants, James E. Shields, Jr., Christine
F. Shields, James E. Shields, III and Joseph Luke Shields
J. Richaud Metairie, LA Attorney for Defendant-Appellee, J.
Christopher R. Teske Eric S. Charleston New Orleans, LA
Attorneys for Defendant-Appellee, American Empire Surplus
Lines Insurance Company
M. Casey Mandeville, LA Attorney for Defendants-Appellees,
Foster-Taylor Fireplaces, Inc., and the Travelers Indemnity
F. Lagarde Slidell, LA Attorney for Defendant-Appellee, J.
Ross Savoie Construction, LLC
BEFORE: HIGGINBOTHAM, HOLDRIDGE, AND PENZATO, JJ.
consolidated matter has been before this court numerous
times. For a detailed outline of the facts and procedural
history in this controversial litigation, see Shields v.
Alvin R. Savoie & Associates, Inc., 2016-0825 c/w
2016-0826 (La.App. 1st Cir. 2/17/17), 214 So.3d 27, writ
denied, 2017-0506 (La. 5/19/17), 220 So.3d 750
("Shields I"), and Shields v. Alvin R. Savoie
& Associates, Inc., 2016-0827 c/w 2016-0828 (La.App.
1st Cir. 2/17/17), 217 So.3d 420 ("Shields II").
Most recently, the homeowners, James E. Shields, Jr. and
Christine F. Shields, along with their two sons, filed
another appeal related to the summary judgment dismissal of
additional defendants, J. Ross Savoie and Ross Savoie
Construction, LLC (collectively referred to as
"Savoie") in a related consolidated appeal decided
this same date. See Shields v. Alvin R. Savoie
Construction, Inc., et al (2017-0602 c/w 2017-0603
(La.App. 1st Cir. ___/___/17), - So.3d - ("Shields
III"). The particular consolidated appeal ("Shields
IV") currently before us concerns the summary judgment
dismissal of Savoie's commercial general liability
insurer, American Empire Surplus Lines Insurance Company
Shields III, we concluded that the district court properly
dismissed the homeowners' claims against Savoie as
perempted. Because of our affirmation of the dismissal of the
homeowners' claims against Savoie, it follows that the
homeowners no longer have a viable claim against Savoie's
insurer, American Empire. As we held in Shields III, the
scope of American Empire's liability extends only as far
as the liability of its insureds, Savoie. Because the
homeowners cannot recover damages against Savoie due to
peremption, they likewise cannot recover damages against
American Empire. See Barnett v. Watkins, 2006-2442
(La.App. 1st Cir. 9/19/07), 970 So.2d 1028, 1037, writ
denied, 2007-2066 (La. 12/14/07), 970 So.2d 537.
for the same reasons expressed in our opinion in the related
Shields III consolidated appeal, we hereby affirm via summary
opinion in accordance with Uniform Rules of Louisiana Courts
of Appeal, Rule 2-16.2, the district court's grant of
summary judgment in favor of American Empire and dismissal of
all of the homeowners' claims against American Empire.
All costs of ...