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Appeal from the United States District Court for the Eastern District of Louisiana

Plaintiffs-Appellants are insurance companies (collectively, “the Insurance Companies”) which brought a subrogation suit against, inter alia, Defendant-Appellee City of New Orleans (“the City”) to recover payments that they had made to their insured for losses incurred in a warehouse fire. The Insurance Companies now appeal the district court’s grant of the City’s motion for summary judgment based on Louisiana’s discretionary function immunity statute, La. R.S. 9:2798.1 (“R.S. 9:2798.1″).*fn1

Concluding that the Insurance Companies successfully raised genuine issues of material fact on the first prong of the test used to determine whether R.S. 9:2798.1 applies, we reverse the grant of summary judgment and remand the case for further proceedings consistent with this opinion.

 
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