Supreme Court of Louisiana

FOR IMMEDIATE NEWS RELEASE NEWS RELEASE #043

FROM: CLERK OF SUPREME COURT OF LOUISIANA

The Opinions handed down on the 18th day of September, 2018, are as follows:

PER CURIAM:

2017-C-2163 LYDIA DEGUEYTER v. FIRST AMERICAN TITLE COMPANY (Parish of St. 

Martin)

Having considered the record, oral argument and briefs of the 

parties, we find the court of appeal correctly reversed the 

district court’s judgment granting summary judgment in favor of 

First American Title Co. However, we find the court of appeal 

erred in granting summary judgment in favor of plaintiff. See 

Penalber v. Blount, 550 So.2d 577 (La. 1989) (explaining that 

summary judgment “is rarely appropriate for a determination based 

on subjective facts such as intent, motive, malice, knowledge or 

good faith.”). Accordingly, the judgment of the court of appeal 

is affirmed in part and reversed in part. The motions for summary 

judgment filed by both parties are hereby denied, and the case is 

remanded to the district court for further proceedings. 

GENOVESE, J., dissents in part and assigns reasons.
09/18/18

SUPREME COURT OF LOUISIANA

No. 2017-C-2163

 LYDIA DEGUEYTER

VERSUS 

 FIRST AMERICAN TITLE COMPANY

ON WRIT OF CERTIORARI TO THE COURT OF APPEAL, 

THIRD CIRCUIT, PARISH OF ST. MARTIN

PER CURIAM

Having considered the record, oral argument and briefs of the parties, we

find the court of appeal correctly reversed the district court’s judgment granting

summary judgment in favor of First American Title Co. However, we find the

court of appeal erred in granting summary judgment in favor of plaintiff. See

Penalber v. Blount, 550 So.2d 577 (La. 1989) (explaining that summary judgment

“is rarely appropriate for a determination based on subjective facts such as intent,

motive, malice, knowledge or good faith.”). Accordingly, the judgment of the

court of appeal is affirmed in part and reversed in part. The motions for summary

judgment filed by both parties are hereby denied, and the case is remanded to the

district court for further proceedings. 

1
09/18/18

SUPREME COURT OF LOUISIANA

No. 2017-C-2163

LYDIA DEGUEYTER

VERSUS 

FIRST AMERICAN TITLE COMPANY

ON WRIT OF CERTIORARI TO THE COURT OF APPEAL, 

THIRD CIRCUIT, PARISH OF ST. MARTIN

GENOVESE, J., dissenting in part.

I agree with the majority that the court of appeal erred in granting summary 

judgment in favor of Linda Degueyter. However, I disagree with the majority that 

the court of appeal correctly reversed the trial court’s grant of summary judgment in 

favor of First American Title Company (First American).

Resolution of First American’s motion for summary judgment requires an 

interpretation and application of its owner’s title insurance policy. First American’s 

motion for summary judgment does not, as the majority concludes, require a 

determination of “subjective facts such as intent, motive, malice, knowledge or good 

faith.” Penalber v. Blount, 550 So.2d 577, 583 (La.1989). Rather, summary 

judgment in favor of First American is appropriate because there are no genuine 

issues of material fact as to the lack of coverage in favor of Degueyter under the title 

insurance policy, and the insurer is entitled to judgment as a matter of law. La.Code 

Civ.P. art. 966. For these reasons, I find the court of appeal erred in reversing the 

trial court’s grant of summary judgment in favor of First American. 

Accordingly, I respectfully dissent in part.