Opinion
NO. 2017 CA 0604 NO. 2017 CA 0605
11-01-2017
James E. SHIELDS, Jr., Christine F. Shields, James E. Shields, III, and Joseph Luke Shields v. ALVIN R. SAVOIE & ASSOCIATES, INC. d/b/a Savoie Construction, Inc., Foster–Taylor Fireplaces, Inc., American Empire Surplus Lines Insurance Company, The Travelers 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 v. Savoie Construction, Inc., Savoie Construction and Development, LLC, and Foster–Taylor Fireplaces, Inc.
James 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 George J. Richaud, Metairie, LA, Attorney for Defendant–Appellee, J. Ross Savoie Christopher R. Teske, Eric S. Charleston, New Orleans, LA, Attorneys for Defendant–Appellee, American Empire Surplus Lines Insurance Company Sean M. Casey, Mandeville, LA, Attorney for Defendants–Appellees, Foster–Taylor Fireplaces, Inc., and the Travelers Indemnity Company Connecticut Ross F. Lagarde, Slidell, LA, Attorney for Defendant–Appellee, J. Ross Savoie Construction, LLC
James 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
George J. Richaud, Metairie, LA, Attorney for Defendant–Appellee, J. Ross Savoie
Christopher R. Teske, Eric S. Charleston, New Orleans, LA, Attorneys for Defendant–Appellee, American Empire Surplus Lines Insurance Company
Sean M. Casey, Mandeville, LA, Attorney for Defendants–Appellees, Foster–Taylor Fireplaces, Inc., and the Travelers Indemnity Company Connecticut
Ross F. Lagarde, Slidell, LA, Attorney for Defendant–Appellee, J. Ross Savoie Construction, LLC
BEFORE: HIGGINBOTHAM, HOLDRIDGE, AND PENZATO, JJ.
HIGGINBOTHAM, J.
This 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. 1/11/17), ––– So.3d ––––, 2017 WL 4973114 (" 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 ("American Empire").
In 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.
Consequently, 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 these consolidated appeals are assessed against the homeowners, James E. Shields, Jr. and Christine F. Shields.