Legal Memorandum: An Unappealable Interlocutory Order

Issue: Is a grant of partial summary judgment on insurance coverage under Louisiana law an unappealable interlocutory order?

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 also Serie v. Safeway Ins. Co., 693 So.2d 12 (La. App. 3 Cir. 1997).

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