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Versai Management Corp. v. Clarendon America Insurance Co.

The issues presented have arguable factual contradictions that must be resolved by a fact finder, an exercise proscribed at the summary judgment stage of the case. Therefore, summary judgment was unwarranted. 5th U.S. Circuit Court of Appeals, No. 08-30874, 02-19-2010

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Published opinion

Before WIENER, GARZA, and ELROD, Circuit Judges.

Appellant Versai Management Corporation (Versai) appeals the district court’s grant of summary judgment in favor of Appellees Clarendon America Insurance Company (Clarendon) and Employers Fire Insurance Co. (EFIC) on (1) Versai’s contract claims for unpaid insurance proceeds for property damage, business interruption, replacement costs, and code compliance upgrades; and (2) Versai’s claims that EFIC and Clarendon violated Louisiana law by failing to promptly settle claims and by misrepresenting the terms of their policies. Versai also asks this court to find that the district court abused its discretion by denying Versai’s motion to extend the deadline for filing expert reports. We affirm in part and reverse in part.

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