Antoine Perez v. Dean Equipment, Inc.

* Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH CIR.
R. 47.5.4.
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 07-30035
ANTOINE PEREZ
Plaintiff
v.
DEAN EQUIPMENT, INC.
Defendant
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LIMIT (NO. 2) LIMITED
Plaintiff - Appellant
v.
DEAN EQUIPMENT, INC.
Defendant - Appellee
Appeal from the United States District Court
for the Eastern District of Louisiana, New Orleans
2:05-CV-6461
Before HIGGINBOTHAM, DAVIS, and SMITH, Circuit Judges..
PER CURIAM:*
United States Court of Appeals
Fifth Circuit
F I L E D
January 24, 2008
Charles R. Fulbruge III
Clerk

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No. 07-30035
2
Limit (No. 2) Limited(Limit) a marine insurer, sued its insured Dean
Equipment, Inc. (Dean) seeking a declaratory judgment declaring that plaintiff
had no obligation to defend Dean on a suit brought by an employee of Dean.
The district court dismissed Limit’s suit on summary judgment concluding
that Dean’s insurer, Limit, waived its coverage defense by unqualifiedly
defending Dean for almost nine months after Limit had notice that its policy
likely afforded no coverage.
We agree with the district court that the Louisiana Supreme Court
decision of Steptore v. Masco Construction Co., Inc., 643 So. 2d 1213 (La. 1994),
controls this case. In that case the Louisiana Supreme Court stated:
Accordingly, when an insurer, with knowledge of facts indicating
noncoverage under the insurance policy, assumes or continues the
insured’s defense without obtaining a nonwaiver agreement to serve
its coverage defense, the insurer waives such policy defense.
Id. at 1216.
The district court correctly granted summary judgment.
AFFIRMED.

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