M & R DRYWALL, INC. v. MAPP CONSTRUCTION

NO. 2017 CA 0186 NO. 2017 CA 0187 NO. 2017 CA 0188.

280 So.3d 260 (2019)

M & R DRYWALL, INC. v. MAPP CONSTRUCTION, LLC, Southgate Towers, LLC, and R.W. Day and Associates, Inc. MAPP Construction, LLC v. Southgate Penthouse, LLC, R.W. Day Development, LLC, Robert W. Day, Janice E. Day, and Lionsay, LLC Southgate Residential Towers, LLC, Southgate Penthouse, LLC v. MAPP Construction, Inc., et al

Court of Appeal of Louisiana, First Circuit.

Rehearing Denied July 18, 2019.


Attorney(s) appearing for the Case

Phillip W. Preis , Charles M. Gordon, Jr. , Crystal D. Burkhalter , Caroline P. Graham , Jennifer R. Dietz , Baton Rouge, Louisiana, Counsel for Plaintiffs/Appellants, Southgate Residential Towers, LLC and Southgate Penthouse, LLC

Wayne J. Lee , Mary L. Dumestre , New Orleans, Louisiana and Sidney J. Hardy , Donna Bramlett Wood , Lynda A. Tafaro , Kyle P. Kirsch , New Orleans, Louisiana, Counsel for Defendants/Appellees Great American Alliance Insurance Company and Great American Insurance Company, as the Excess Insurer of MAPP Construction, LLC

Patrick J. Briney , Lafayette, Louisiana, Counsel for Defendant/Appellee Ohio Casualty Insurance Company

Glen E. Mercer , Kourtney Twenhafel French , New Orleans, Louisiana, Counsel for Defendant/Appellee American Guarantee & Liability Insurance Company

Norman C. Sullivan, Jr. , W. Jacob Gardner, Jr. , New Orleans, Louisiana, Counsel for Defendant/Appellee Great American Insurance Company, in its capacity as Excess Insurer for Comfort Systems, USA, Inc., d/b/a Atlas Air Conditioning Company A. B.

Robert I. Siegel , Christopher R. Teske , Alistair M. Ward , Elizabeth A. Chickering , New Orleans, Louisiana, Counsel for Defendant/Appellee AIG Specialty Insurance Company f/k/a American International Specialty Lines Insurance Company and Counsel for Defendant/Appellee National Union Fire Insurance Company of Pittsburg, PA

BEFORE: McCLENDON, WELCH, AND THERIOT, JJ.


Southgate Residential Towers, LLC and Southgate Penthouses, LLC (collectively, "Southgate") challenge decrees favoring five insurers/appellees that afford excess coverage to their respective defendants/insureds in the underlying defective construction dispute. This appeal addresses the insurers...

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