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2700 BOHN MOTOR v. F.H. MYERS CONST.

No. 2021-CA-0671.

338 So.3d 500 (2022)

2700 BOHN MOTOR, LLC, Navigator Insurance Company, and Certain Underwriters in London Subscribing to Policy No. B128415396W17 v. F.H. MYERS CONSTRUCTION CORP., Orleans Sheet Metal Works and Roofing, Inc., B & J Enterprise of Metairie, Inc., ABC Insurance Company, XYZ Insurance Company, and 123 Insurance Company.

Court of Appeal of Louisiana, Fourth Circuit.

April 20, 2022.

Attorney(s) appearing for the Case

Philip S. Brooks, Jr. , Ronald J. Kitto , Edward L. Fenasci , BROOKS GELPI HAASE, LLC, 909 Poydras Street, Suite 2325, New Orleans, LA 70112, COUNSEL FOR PLAINTIFF/APPELLANT.

Barbara Malik , MARICLE & ASSOCIATES, 3838 North Causeway Boulevard, Three Lakeway Center, Suite 3160, Metairie, LA 70002, Nicole S. Loeb , J. Scott Loeb , Cynthia M. Bologna , LOEB LAW FIRM, II, 1180 W Causeway Approach, Mandeville, LA 70471, Scott H. Mason , Meredith R. Durham , PLAUCHÉ MASELLI PARKERSON L.L.P., 701 Poydras Street, One Shell Square, Suite 3800, New Orleans, LA 70139, COUNSEL FOR DEFENDANT/APPELLEE.

(Court composed of Judge Roland L. Belsome, Judge Daniel L. Dysart, Pro Tempore Judge Madeline Jasmine).

In this construction contract case, the Plaintiffs, the building owner and its insurers, appeal the trial court's granting of a joint motion for summary judgment in favor of the Defendants, the general and sub-contractors. In granting summary judgment, the trial court found that the existence of a waiver of subrogation clause...

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