An insurance company is suing claiming that it has no obligation to cover one of their clients in the face of a lawsuit.
First Financial Insurance Co. filed a lawsuit Oct. 8 in U.S. District Court for the Eastern District of Louisiana against A-1 Glass Services Inc., alleging that A-1’s insurance policy with them does not cover them for a cross claim filed against them.
According to the claim, John Maestri was contracted by A-1 to perform a glass installation on March 2, 2012. During installation, he allegedly came into contact with some power lines and was electrocuted. He filed a lawsuit against Entergy and United Rentals, successor to the company he rented a Genie Lift from which was used to install the glass, and Genie Lift.
Entergy then issued a third party demand against A-1, alleging that A-1 had failed to contact them 48 hours prior, pursuant to the Louisiana Overhead Power Line Safety Act, notifying them of work being performed near their power lines so that safety measures could be taken.
Walton Construction, acting as general contractor for the building where Maestri was installing the glass, then filed a cross claim against A-1, since Entergy had filed a third party demand against them claiming they were responsible for the damages. Walton is claiming A-1 is in breach of their agreement by failing to defend and indemnify them. United Rentals similarly pursued a third party demand against A-1, the claim states.
First Financial is seeking judgment that its policy does not cover A-1 against these demands and any other relief deemed appropriate by the court. It are represented by Kristopher T. Wilson and Heather N. Sharp of Lugenbuhl, Wheaton, Peck, Rankin & Hubbard of New Orleans.
U.S. District Court for the Eastern District of Louisiana case number 2:15-cv-05030-EEF-DEK