MALDONADO v. KIEWIT LOUISIANA CO.

Nos. 2013 CA 0756, 2013 CA 0757.

146 So.3d 210 (2014)

Maria Cruz MALDONADO, Individually and as Representative of the Estate of Ulvaldo Soto Martinez, Deceased, and as Next Friend and Natural Guardian of Justin Soto-Maldonado and Usvaldo Jesus Soto-Maldonado, Minors, Maria Martinez Vasquez, as Natural Mother of Ulvaldo Soto Martinez and Gilberto Soto Martinez v. KIEWIT LOUISIANA CO. d/b/a Kiewit Massman Traylor Constructors a/k/a KMTC, Traylor Bros., Inc., Kiewit Southern Co., & Massman Construction Co., A Joint Venture, Traylor Bros., Inc. as a General Partner of KMTC, Kiewit Southern Corp. as a Partner of KMTC, Massman Construction Co. as A Partner of KMTC, GEC Louisiana Timed Managers, A Joint Venture Partnership, PB Americas, Inc. f/k/a Parsons, Brinckerhoff, Quade & Douglas, Inc. as Partner of GEC Louisiana Timed Managers, A Joint Venture Partnership, LPA Group Incorporated as Partner of GEC Louisiana Timed Managers, A Joint Venture Partnership, G.E.C. Inc. as Partner of Gec Louisiana Timed Managers, A Joint Venture Partnership, Zurich American Insurance Company, The State of Louisiana through the Department of Transportation and Development and JL Steel Reinforcing, LLC. Twin City Fire Insurance Company v. JL Steel Reinforcing, LLC, Kiewit Louisiana Co., Massman Construction Co., and Traylor Bros., Inc. d/b/a Kiewit Massman Traylor Constructors, A Joint Venture, Zurich American Insurance Company, The Louisiana Department of Transportation and Development, Arch Insurance Company, Louisiana Timed Managers, A Joint Venture Partnership.

Court of Appeal of Louisiana, First Circuit.

Rehearing Denied April 17, 2014.


Attorney(s) appearing for the Case

Charles G. Clayton, IV , Allison R. Colon , Richard Edward King , Jennifer L. Simmons , New Orleans, LA, Attorneys for Defendants-Appellants, Kiewit Louisiana Co., Massman Construction Co., and Traylor Bros., Inc., A Joint Venture, and Zurich American Insurance Company.

Seth A. Schmeeckle , Rachel A. Clark , Shaundra M. Westerhoff , Terrill W. Boykin , New Orleans, LA, Attorneys for Defendant-Appellant Twin City Fire Insurance Company.

Before KUHN, HIGGINBOTHAM, and THERIOT, JJ.


HIGGINBOTHAM, J.

This is an appeal from a judgment rendered after a bench trial in a declaratory judgment action. At issue on appeal is whether an insurer's duty to defend an additional insured in an underlying tort suit terminated at some point after the original petition was filed; and, if so, exactly when the duty to defend ended. The trial court rendered judgment against the insurer finding that it owed a duty to defend the additional insured through the appeal...

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