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15-2313 - Ochsner Clinic Foundation v. Lexington Insurance Company et al


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15-2313 - Ochsner Clinic Foundation v. Lexington Insurance Company et al
November 7, 2016
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ORDER DENYING 60 Motion for Partial Summary Judgment Precluding Damages and Derivative Penalties under LA. R.S. 22:1973. Signed by Judge Nannette Jolivette Brown on 11/7/2016. (mmv)
November 7, 2016
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sner appears to aver. IT IS FURTHER ORDERED that Ochsner's 69 Motion for Partial Summary Judgment on Insurance Coverage for Roof Insulation Code Upgrades is DENIED because it has not pointed to evidence that demonstrates that, as a matter of lORDER: IT IS HEREBY ORDERED that Lexington's 65 Motion for Partial Summary Judgment on Ochsners Property-Related Claims is GRANTED to the extent that Lexington is not liable for Ochsner's construction "escalation costs" under the parties' insurance policy and to the extent that Lexington is not liable for the cost of installing roof insulation. Ochsner has not provided the Court with any evidence beyond unsubstantiated assertions that an applicable code provision required the installation of roof insulation in Ochsner's warehouse at the time of the collapse. The Court does not address whether Lexington is liable for Ochsners construction "escalation costs" under La. Rev. Stat. ยง 22:1973 as Ochaw, Lexington is liable for the cost of installing roof insulation under the insurance policy. Signed by Judge Nannette Jolivette Brown on 11/7/2016. (mmv)
December 2, 2016
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ORDER DENYING 70 Motion for Partial Summary Judgment on Lexington Insurance Company's Breach of La. R.S. 22:41 and LA. R.S. 22:1896. Signed by Judge Nannette Jolivette Brown on 12/2/2016. (mmv)
January 3, 2017
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ORDER DENYING 63 Motion for Summary Judgment on All or Certain Portions of Plaintiff's Claim for Business Interruption Damages. Signed by Judge Nannette Jolivette Brown on 1/3/2017. (mmv)