EXHIBIT 13 

 
Civil District Court for the Parish of Orleans

STATE OF LOUISIANA

No: 2020 - 02558 Division/Section: M-13

CAJUN CONTI LLC ET AL

versus

CERTAIN UNDERWRITERS AT LLOYD'S.LONDON ET AL

Date Case Filed: 3/16/2020

NOTICE OF SIGNING OF JUDGMENT

TO:

James M Williams Esq

1 Galleria Blvd., Suite

Metairie, LA 70001

26141

1100

Allen C Miller Esq

Ste 2000 Canal Place

365 Canal St

New Orleans,

26423

LA 70130-6534

Jennifer Perez Esq 38370

3500 N. Hullen Street

Metairie, LA 70002

Virginia Y Dodd Esq

P. O. Box 4412

Baton Rouge, LA 70802-5707

25275

35380

St Ste 1100

Kevin W Welsh Esq

400 Convention

Baton Rouge, LA 70802

Bernard L Charbonnet Esq

One Canal Place

365 Canal Street Suite 1155

New Orleans, LA 70130

04050

Desiree M Charbonnet Esq

365 Canal Street

1100

New Orleans, LA 70130

24051

1913 C.C.P., you are hereby notified that Judgment

in the above entitled and numbered cause was signed on November 4, 2020

In accordance with Article

New Orleans. Louisiana

November 4, 2020

MINUTE CrERI
CIVIL DISTRICT COURT FOR THE PARISH OF ORLEANS

STATE OF LOUISIANA

NO. 2020-02558 DIVISION M SECTION 13

CAJUN CONTI LLC, CAJUN CUISINE 1 LLC, AND CAJUN CUISINE

LLC D/B/A OCEANA GRILL

VERSUS

CERTAIN UNDERWRITERS AT LLOYD'S LONDON

FILED:

DEPUTY CLERK

JUDGMENT

The original hearing took place on October 29, 2020. Appearing at the

hearing for the respective parties were the following:

James Williams, Rico Alvcndia, Bernard Charbonnet, Desiree

Charbonnet, and Jennifer Perez, Attorneys for Plaintiffs;

Allen Miller, Virginia Dodd, and Kevin Welsh, Attorneys for

Defendant

Certain Underwriters at Lloyd's London ("Underwriters") urged a motion

for summary judgment.

The Court, after hearing testimony and considering applicable law as well as

the entire record, renders the following judgment:

IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that

Underwriters' motion for summary judgment is hereby DENIED.

JUDGMENT READ, RENDERED AND SIGNED on this 4th day of

November. 2020 in New Orleans, Louisiana.

Judge/Paulette R. Irons
CIVIL DISTRICT COURT FOR THE PARISH OF ORLEANS

STATE OF LOUISIANA

NO. 2020-02558 DIVISION M SECTION 13

CAJUN CONTI LLC, CAJUN CUISINE 1 LLC, AND CAJUN CUISINE

LLC D/B/A OCEANA GRILL

VERSUS

CERTAIN UNDERWRITERS AT LLOYD'S LONDON

FILED:

DEPUTY CLERK

REASONS FOR JUDGMENT

Whether COVID constitutes direct physical loss or damage appears to be an

issue of first impression. While Underwriters distinguishes the Chinese Drywall

case bynoting that the policy interest being protected in that case necessitated a more

lenient definition of "direct physical loss," the Court is not convinced that similar

interests are not at play here. It is a genuine issue ofmaterial fact whether the policy

interests here necessitate a more liberal reading of"direct physical loss or damage"

in keeping with the Chinese Drywall cases.

It is also a genuine issue of material fact whether the suspension of Oceana

Grill's operations was caused by physical loss or damage to its property. IfCOVID

constitutes a physical loss or damage, it is clear that the question of how COVID

impacts the environment is a genuine issue of material fact. While Underwriters

argues that the harms can be abated with simple household cleaning supplies,

Oceana Grill's citation to studies that offer a contrary interpretation presents a

genuine issue ofmaterial fact.

With respect to the period of restoration, if whether COVID constitutes a

physical loss or damage is a genuine issue ofmaterial fact and ifthe question ofhow

COVID impacts the environment is a genuine issue of material fact, then here is a
genuine issue of material fact as to whether the physical loss or damage caused a

suspension of Oceana Grill's operation beginning 72 hours after the time of direct

physical loss.

Turning to the Civil Authority Endorsement, for the same reasons stated

above, there is a genuine issue of material fact that a "Covered Cause of Loss"

caused damage to property at another location within one mile of the insured

premises. The question ofwhether COVID is a Covered Cause of Loss is a genuine

issue of material fact, and Plaintiffs have alleged its presence at locations

surrounding its insured premises, including a hospital.

Whether the Orders prohibited access to the insured premises is also a genuine

issue of material fact. The restaurant had to drastically change its operations to

exclude sit-down patrons, which was previously the heart of its business, because

the Orders restricted their presence in the building.

Finally, there is a genuine issue ofmaterial fact whether the orders were taken

in response to dangerous physical conditions resulting from the damage to other

property within one mile of the insured premises or continuation of the Covered

Cause of Loss that caused the damage. The Orders cited damage to property in the

city and state.

SIGNED on this 4th day ofNovember. 2020 in New Orleans, Louisiana.

2.

Judge Paulette R. Irons

2020-2558

Cajun Conti LLC, et al v. Certain Underwriters At Lloyd's London

Reasons for Judgment

October 30, 2020

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