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O'Neal v. Foremost Insurance Co.

Court of Appeals of Louisiana, Third Circuit

February 13, 2019

AMALEETA O'NEAL, ET AL.
v.
FOREMOST INSURANCE COMPANY, ET AL.

          APPEAL 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

          Daniel G. Brenner Christina S. Slay Bolen, Parker, Brenner, Lee & Engelsman, Ltd. Counsel for Defendant/Appellant: RLN Investments, LLC

          Randall B. Keiser Matthew L. Nowlin Keiser Law Firm, P.L.C. Counsel for Defendant/Appellee: Don Van Cleef

          Stacy Christopher Auzenne Auzenne Law Firm, L.L.C. Counsel for Defendant/Appellee: Messina Realty, LLC

          Ashley E. Gilbert CNA Coverage Litigation Group Counsel For Defendant/Appellee: Continental Casualty Company

          Court composed of Ulysses Gene Thibodeaux, Chief Judge, Sylvia R. Cooks, and Phyllis M. Keaty, Judges.

          PHYLLIS M. KEATY JUDGE

         RLN 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.

         FACTS AND PROCEDURAL HISTORY

         This 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.

         On 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, ...

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