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FOR IMMEDIATE NEWS RELEASE

NEWS RELEASE # 27


FROM: CLERK OF SUPREME COURT OF LOUISIANA

The Opinions handed down on the 12th day of April, 2005, are as follows:

BY CALOGERO, C.J.:

2004-C- 1459 DARRELL SUIRE v. LAFAYETTE CITY-PARISH CONSOLIDATED GOVERNMENT,

C/W ET AL. (Parish of Lafayette)

2004-C- 1460

2004-C- 1466
Having addressed all the parties' assignments of error, our

disposition of this case is as follows:

We reverse the court of appeal's grant of summary judgment to the
plaintiff on the absolute liability claim involving the installation
of metal sheeting. We reinstate the trial court's grant of summary
judgment for the City and Boh Brothers on this claim.

We reverse the court of appeal's judgment that, under the contractual
indemnity provision, Boh Brothers owed a duty to defend the City and
Dubroc against the absolute liability claim. We hold that Boh
Brothers' obligation to indemnify or defend any party under the
provisions of the indemnity agreement may not be determined until the
conclusion of the lawsuit.

We reverse the court of appeal's judgment that National Union owed a
duty to defend and/or indemnify Dubroc against the absolute liability
claim. We affirm the court of appeal's judgment that National Union
owed a duty to defend the City as an additional insured against the
absolute liability claim. We remand this claim to the trial court for
a determination of the actual cost of defense on the absolute
liability claim alone. Having disposed of the absolute liability
claim by summary judgment, we find that the City's indemnity claim
against National Union is moot.

We affirm the court of appeal's grant of summary judgment dismissing
all of the plaintiff's claims against Dubroc.

We reverse the court of appeal's judgment overturning the trial
court's pro-City grant of summary judgment on the plaintiff's breach
of contract claim and reinstate the trial court's grant of summary
judgment for the City on this claim. We affirm the court of appeal's
reversal of summary judgment on the plaintiff's detrimental reliance
and expropriation claims.

We remand this case to the trial court for proceedings consistent
with this opinion.

AFFIRMED IN PART, REVERSED IN PART, AND REMANDED.

SUPREME COURT OF LOUISIANA
No. 04-C-1459,
consolidated with
Nos. 04-C-1460 and 04-C-1466
DARRELL SUIRE
VERSUS
LAFAYETTE CITY-PARISH CONSOLIDATED GOVERNMENT, ET AL.
ON WRIT OF CERTIORARI TO THE COURT OF APPEAL

THIRD CIRCUIT, PARISH OF LAFAYETTE CALOGERO, Chief Justice
We granted these writs to consider the court of appeal

Download 04c1459.opn.pdf

Louisiana Law