Issue: Is a grant of partial summary judgment on insurance coverage an unappealable interlocutory order in Louisiana?
Area of Law:
Insurance Law, Litigation & Procedure
An unappealable interlocutory order; Grant of partial summary judgment on insurance coverage
662 So.2d 31; 663 So. 2d 102
La.C.C.P. art. 966
It is settled law in Louisiana that a grant of partial summary judgment on insurance coverage under La.C.C.P. art. 966 is an unappealable interlocutory order. In Edwards v. Daugherty, 663 So. 2d 102, 103 (La.App. 3 Cir. 1995), the Court stated unequivocally that "summary judgment on the issue of insurance coverage is an interlocutory judgment." It went on to explain that, because the judgment was interlocutory and "does not cause irreparable injury," the summary judgment was "not appealable." Id. Similarly, in Goldman v. Offshore Navigation, Inc., 662 So.2d 31 (La.App. 5 Cir. 1995), the Court held that a "summary judgment granted on the issue of insurance coverage is not a final judgment" and therefore not appealable. Id. at 31-2. See alsoSerie v. Safeway Ins. Co., 693 So.2d 12 (La.App. 3 Cir. 1997).
Subscribe to Litigation Pathfinder
To get the full-text of this Legal Memorandum ... and more!
(Month-to-month and annual subscriptions available)