BRANDI BILLEAUDEAU ET AL.
OPELOUSAS GENERAL HOSPITAL AUTHORITY, ET AL.
FROM THE TWENTY-SEVENTH JUDICIAL DISTRICT COURT PARISH OF ST.
LANDRY, NO. 1 l-C-5112-D C/W 13-C-0097 HONORABLE D. JASON
MECHE, DISTRICT JUDGE.
Hadican Samuels Tiffany A. Morales Kara Hardican Samuels
& Associates, LLC, COUNSEL FOR PLAINTIFFS/APPELLANTS:
Veronica Billeaudeau, individually and as curatrix of Brandi
Billeaudeau Joseph Billeaudeau.
Jennifer L. Thornton Christian S. Chaney Stanley, Reuter,
Ross, Thornton & Alford, LLC 909 Poydras Street, Suite
2500 New Orleans, LA 70112 (504) 523-1580 COUNSEL FOR
PLAINTIFFS/APPELLANTS: Veronica Billeaudeau, individually and
as curatrix of Brandi Billeaudeau, Joseph Billeaudeau
L. McReynolds J. Jerry Glas Karen P. Holland Deutsch
Kerrigan, L.L.P., COUNSEL FOR DEFENDANT/APPELLANT: Opelousas
General Hospital Authority.
P. Hebbler, Jr. Frances Irene McGinnis Hebbler &
Giordano, LLC, COUNSEL FOR DEFENDANT/APPELLANT: Nautilus
Nicholas Gachassin, III Gary J. Delahoussaye Brandon M.
Rhodes Gachassin Law Firm P.O., COUNSEL FOR
DEFENDANT/APPELLANT: Opelousas General Hospital Authority.
D. Fagan Anton L. Hasenkampf Leake & Andersson, LLP.,
COUNSEL FOR DEFENDANT/APPELLEE: National Union Fire Insurance
Company of Pittsburgh, PA.
William H. Parker, III Jacob E. Favaron Allen & Gooch
COUNSEL FOR DEFENDANT/APPELLEE: Louisiana Patients'
Compensaton Fund (Opelousas General Hospital) Louisiana
Patients' Compensation Fund (Dr. K. Skirlis-Zavala)
Gregory Vidrine Mahtook & LaFleur P. O., COUNSEL FOR
DEFENDANT/APPELLEE: Opelousas General Hospital.
Alexander T. Reinboth Louisiana Department of Justice, Civil
P.O., COUNSEL FOR DEFENDANT/APPELLEE: State of Louisiana.
composed of Phyllis M. Keaty, John E. Conery, and Van H.
plaintiffs, Veronica Billeaudeau, individually and as
curatrix of Brandi Billeaudeau, and Joseph Billeaudeau, and
the defendants, Opelousas General Hospital Authority, d/b/a
Opelousas General Hospital, and Nautilus Insurance Company,
appeal the granting of a partial motion for summary judgment,
which dismissed National Union Fire Insurance Company of
Pittsburg, PA as a party to the Billeaudeaus' negligent
credentialing claim against OGH. For the reasons assigned, we
reverse, render, and remand for further proceedings.
OF THE RECORD
the second of three appeals before us involving the same
parties. The facts of the case were set forth in detail by
this court in Billeaudeau v. Opelousas General Hospital
Authority, 15-1034 (La.App. 3 Cir. 4/6/16), 189 So.3d
561, writ granted, 16-846 (La. 6/28/16), 192 So.3d
781, wherein we held that the Billeaudeaus' negligent
credentialing claim sounded in general negligence as opposed
to a claim for medical malpractice, which was required to be
pursued under the Louisiana Medical Malpractice Act (MMA),
La.R.S. 40:1231.1, et seq. The supreme court reviewed the
case and affirmed. Billeaudeau v. Opelousas Gen. Hosp.
Auth., 16-846 (La. 10/19/16), 218 So.3d 513.
stated in the first appeal before us, Billeaudeau v.
Opelousas General Hospital Authority, 17-893 (La.App. 3
Cir. _/_/_), __So.3d __, the Billeaudeaus initially filed a
claim against Opelousas General Hospital Authority, d/b/a
Opelousas General Hospital (OGH) and its emergency department
physician, Dr. Kondilo Skirlis-Zavala (Dr. Zavala), under the
MMA for serious injuries allegedly sustained by the
Billeaudeaus' daughter, Brandi, while being treated at
OGH on June 20, 2010. In their original petition, filed on
January 14, 2013, the Billeaudeaus alleged:
Defendant, Opelousas General Hospital, is liable unto
Petitioners because Ms. Billeaudeau's injuries and
damages, which will be specified hereinafter, were
proximately and legally caused by the fault, including
negligence, of Opelousas General Hospital . . . including the
following negligent acts of omission and commission, among
others, which may be shown during the trial:
e. Negligent credentialing of Dr. Zavala.
March 27, 2015, the Billeaudeaus filed a motion for partial
summary judgment, seeking a ruling by the trial court that
their negligent credentialing claim was not subject to the
MMA. Following a hearing, the trial court granted judgment in
favor of the Billeaudeaus, declaring that the negligent
credentialing claim sounded in negligence and was outside the
scope of the MMA. Judgment was granted in this matter on July
2, 2015. Thereafter, the Billeaudeaus amended their petition
to add a claim in tort for negligent credentialing against
OGH and its general liability insurers, National Union Fire
Insurance Company of Pittsburg, PA (National Union) and
Nautilus Insurance Company (Nautilus) under the Louisiana
Direct Action Statute. On July 8, 2015, OGH provided notice to
National Union of the lawsuit for the first time.
Union issued a policy of insurance to OGH, No. 01-701-24-67,
with effective dates of October 19, 2014 through October 19,
2015. The policy included four coverage sections: Directors
and Officers (D&O), Employment Practices Liability (EPL),
Fiduciary Liability (FLI), and Crime. The National Union
policy is a claims-made and reported policy, and the notice
provided on the declarations page of the policy states:
"COVERAGE WITHIN THIS POLICY IS GENERALLY
LIMITED TO LOSS FROM CLAIMS FIRST MADE AGAINST INSUREDS
DURING THE POLICY PERIOD AND REPORTED TO THE
INSURER AS THE POLICY REQUIRES." Further, the
D&O Coverage Section of the policy provides: "This
policy shall pay on behalf of the
Organization Loss arising from a
Claim first made against the
Organization during the Policy
Period or the Discovery Period (if
applicable) and reported to the Insurer
pursuant to the terms of this policy for any actual or
alleged Wrongful Act of the
Organization." The EPL and FLI Coverage
Sections include language similar to that found in the
D&O Coverage Section.
term "Claim" is defined in the D&O Coverage
(1) a written demand for monetary, non-monetary or injunctive
relief (including any request to toll or waive any ...