William Frederick Bennett v. State Farm Insurance

── William Frederick Bennett v. State Farm Insurance ── Court: Louisiana Court of Appeal Date: May 20, 2026 Author: PITMAN Category: General Judgment rendered May 20, 2026. Application for rehearing may be filed within the delay allowed by Art. 2166, La. C.C.P. No. 56,890-CA COURT OF APPEAL SECOND CIRCUIT STATE OF LOUISIANA ***** WILLIAM FREDERICK Plaintiffs-Appellants BENNETT, ET AL versus STATE FARM INSURANCE, ET Defendants-Appellees AL ***** Appealed from the Fourth Judicial District Court for the Parish of Ouachita, Louisiana Trial Court No. 2023-3795 Honorable Frederick Douglass Jones, Judge ***** LAW OFFICE OF ANTHONY Counsel for Appellants, J. BRUSCATO (APLC) William Frederick By: Anthony J. Bruscato Bennet and Bennett Properties of North Louisiana, LLC DAVENPORT, FILES & KELLY, LLP Counsel for Appellee, By: M. Shane Craighead State Farm Fire and Casualty Company C. JOSEPH ROBERTS, III Counsel for Appellee, The City of West Monroe BURGLASS, TANKERSLEY Counsel for Appellees, GAUDIN AND PHAYER Sweet Olive Homes, By: Francine M. Giugno LLC and Rob White Realty, LLC ***** Before PITMAN, COX, and ROBINSON, JJ. COX, J. This civil appeal arises from the Fourth Judicial District Court, Ouachita Parish, Louisiana. William Bennett (“Bennett”), individually, and on behalf of his limited liability company, Bennett Properties of North Louisiana, LLC (collectively, “Appellants”), appeals the trial court’s ruling granting summary judgment in favor of named defendant, State Farm Insurance Company (“State Farm”), and the granting of exceptions of no right of action filed by Sweet Olive Homes, LLC (“Sweet Olive”), its listing agent, Rob White (“White”), and the City of West Monroe (“the City”). On review, we reverse the trial court’s granting of the motion of summary judgement; affirm the granting of exceptions of no right of action as to Bennett in his individual capacity; and reverse the trial court’s granting of exceptions of no right of action as to “Bennett Properties, LLC,” as the original petition was amended to substitute the proper party, Bennett Properties of North Louisiana, LLC, thereby rendering the exceptions moot. FACTS & PROCEDURAL HISTORY Sweet Olive listed property located on 1300 2nd Street North (“the property”), in Monroe, Louisiana, with White as the named listing agent. On December 1, 2022, Bennett purchased the property and was listed as the sole owner in his individual capacity. On December 15, 2022, Bennett purchased a home insurance policy from State Farm, wherein “Bennett Properties, LLC” was listed as the named insured. On December 16, 2022, Bennett transferred ownership of the property to Bennett Properties of North Louisiana, LLC, in which Bennett is the sole member and manager. Shortly after Bennett transferred ownership to Bennett Properties of North Louisiana, LLC, a freeze warning was issued for the Monroe area, and the water pipes in the home burst. On December 28, 2022, Jarrett Wilson (“Wilson”), an emplo