The insurer's motion for summary judgment was granted based upon the "your product" exclusion. Lacaze Land Dev. v. Deere & Co., 2021 U,S. Dist LEXIS 162175 (W.D. La. Aug 26, 2021).
Lacaze filed suit against John Deere, the supplier of a compact loader, skid steer and mulching head, W.L. Doggett L.L.C., and Doggett's insurer, Amerisure. Lacaze alleged the loader-mulched combination was defective because the loader overheated when used in combination with the mulching head. Lacaze sought damages for loss of purchase price, finance charges, insurance premiums, maintenance and repair costs, and economic loss limited to the loss of use of the loader. Lacaze did not claim consequential damages to or loss of use of any other property.
Amerisure moved to dismiss the claims filed against it arguing that there was no occurrence and, if there was, the "your product" exclusion applied.
The court first determined there was an occurrence. Lacaze's claim was for an unforeseen and unexpected loss to the loader caused by a defect in the loader-mulching head combination.
However, the policy excluded "'property damage' to 'your product' arising out of it or any part of it." Here, "your product' referred to the loader and mulching head as goods "sold, handled distributed or disposed of by" Doggett. Louisiana courts consistently held that this exclusion eliminated coverage for the cost of repairing or replacing the insured's own defective work or defective product. Lacaze's loss of use claim pertained to property that was clearly sold or distributed by the insured. Because Lacaze failed to claim a loss of use of property other than that provided to him by Doggett, the claim against Amerisure was preclude by the "'property damage' to 'your product' arising out fit or any part of it." exclusion. Summary judgment was granted to Amerisure.