AMALEETA O'NEAL, ET AL.
FOREMOST INSURANCE COMPANY, ET AL.
FROM THE NINTH JUDICIAL DISTRICT COURT PARISH OF RAPIDES, NO.
254, 445 HONORABLE MONIQUE F. RAULS, DISTRICT JUDGE
Michael L. Glass Attorney at Law Counsel for
Plaintiffs/Appellees: Amaleeta O'Neal Jeffery O'Neal
G. Brenner Christina S. Slay Bolen, Parker, Brenner, Lee
& Engelsman, Ltd. Counsel for Defendant/Appellant: RLN
Randall B. Keiser Matthew L. Nowlin Keiser Law Firm, P.L.C.
Counsel for Defendant/Appellee: Don Van Cleef
Christopher Auzenne Auzenne Law Firm, L.L.C. Counsel for
Defendant/Appellee: Messina Realty, LLC
E. Gilbert CNA Coverage Litigation Group Counsel For
Defendant/Appellee: Continental Casualty Company
composed of Ulysses Gene Thibodeaux, Chief Judge, Sylvia R.
Cooks, and Phyllis M. Keaty, Judges.
PHYLLIS M. KEATY JUDGE
Investments, LLC, appeals the trial court's grant of a
declaratory judgment in favor of Don Van Cleef on the issue
of defense and indemnity. For the following reasons, the
trial court's judgment is reversed, and this matter is
remanded to the trial court for further proceedings.
AND PROCEDURAL HISTORY
appeal involves the interpretation of a defense and indemnity
clause in a property management agreement. For brevity, we
hereby incorporate and adopt the facts and procedural history
stated in the consolidated and companion case hereto,
O'Neal v. Foremost Insurance Co., 18-510
(La.App. 3 Cir.__ /__/__), __ So.3d__. In that case, we
reversed and remanded the trial court's grant of summary
judgment in favor of Messina Realty, L.L.C.
appeal in this matter is the trial court's grant of Van
Cleef's declaratory judgment. The record herein reveals
multiple judgments were rendered regarding the trial
court's grant of Van Cleef's declaratory judgment.
Specifically, counsel for Van Cleef filed a proposed judgment
that included both RLN Investments and Nation, individually.
That judgment was signed by the trial court on February 20,
2018, and provides the following:
(1) During all times relevant to the above-referenced
litigation, Don Van Cleef was acting within the course and
scope of his employment with Messina Realty, LLC, in managing
the property located at 207 Nation Road, Deville, Louisiana;
(2) That Don Van Cleef is entitled to defense and indemnity
from RLN Investments, LLC and/or Ronald Nation pursuant to
the Property Management Agreement between RLN Investments,
LLC and Messina Realty, LLC, ...