AMALEETA NEAL ET VIR v. FOREMOST INSURANCE COMPANY ET AL (2025)

Court of Appeal of Louisiana, Third Circuit.

AMALEETA O'NEAL, ET VIR v. FOREMOST INSURANCE COMPANY, ET AL.

24-429

Decided: June 25, 2025

Court composed of Shannon J. Gremillion, Van H. Kyzar, Jonathan W. Perry, Sharon Darville Wilson, and Clayton Davis, Judges.

Catherine N. Thigpen Ashley E. Gilbert CNA Coverage Litigation Group 3900 North Causeway Blvd., Suite 1455 Metairie, Louisiana 70002 (225) 202-8968 COUNSEL FOR THIRD-PARTY DEFENDANT/RELATOR: Continental Casualty Company Stacy C. Auzenne AUZENNE LAW FIRM, L.L.C. Post Office Box 11817 Alexandria, Louisiana 71315-1817 (318) 880-0087 COUNSEL FOR THIRD-PARTIES PLAINTIFF/RESPONDENTS: Messina Realty, LLC and Don Van Cleef Daniel G. Brenner Christina S. Slay BOLEN, PARKER, BRENNER, LEE & MILLER, LTD. 709 Versailles Blvd. Alexandria, Louisiana 71303 (318) 445-8236 COUNSEL FOR DEFENDANT/APPELLEE: Foremost Insurance Company, Grand Rapids, Michigan Michael L. Glass Attorney at Law 1733 White Street Alexandria, Louisiana 71301 (318) 484-2917 COUNSEL FOR PLAINTIFFS: Amaleeta and Jeffery O'Neal Bonita K. Pruett-Armour ARMOUR LAW FIRM Post Office Box 710 Alexandria, Louisiana 71309 (318) 442-6611 COUNSEL FOR THIRD-PARTY PLAINTIFF: RLN Investments, LLC

For the reasons assigned in Amaleeta O'Neal v. Foremost Ins. Co., 24-212 c/w 24-429 (La.App. 3 Cir. 6/___/25), ___So.3d___, handed down this day, we grant the writ, deny the motion for partial summary judgment filed by FOREMOST INSURANCE COMPANY, GRAND RAPIDS, MICHIGAN and grant the motion for summary judgment filed by CONTINENTAL CASUALTY COMPANY denying coverage to MESSINA REALTY, LLC and DONALD VAN CLEEF. Accordingly, the demands filed by RLN Investments, LLC; Foremost Insurance Company, Grand Rapids, Michigan; and Messina Realty, LLC against Continental Casualty Company are dismissed with prejudice. All costs are assessed to RLN Investments, LLC; Foremost Insurance Company, Grand Rapids, Michigan; and Messina Realty, LLC.

REVERSED AND RENDERED.

For the reasons assigned in the dissenting opinion in Amaleeta O'Neal v. Foremost Ins. Co., 24-429 (La.App. 3 Cir. 6/___/25), ___ So.3d ___, handed down this day, I respectfully disagree with the majority opinion in this case and would affirm the judgment of the trial court in its entirety.

JONATHAN W. PERRY JUDGE

Wilson, J., dissents and assigns reasons. Kyzar, J., dissents for the reasons assigned by Judge Wilson.

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