Law & Justice
Louisiana Court Awards Nearly $450,000 to Homeowner After Bulkhead Failure, Removing Her Share of Fault
A Louisiana homeowner who paid $32,500 for a wooden bulkhead to protect her riverfront house had the structure collapse during a May 2017 flood, causing the house to shift and requiring extensive repairs. The Louisiana Court of Appeal, Third Circuit, issued an October 30, 2026 decision in Elizabeth D. Molbert v. Kenko Bulkhead & Marine Services, LLC, et al., that increased her total recovery to $448,431.34. The bulkhead was built in 2016 for $32,500 to prevent erosion on the west fork of the Calcasieu River, where Molbert purchased her home for $109,000 in 2009. After the bulkhead failed, Molbert filed a claim with Liberty Mutual, which paid $165,000 after an appraisal found her losses exceeded the policy limit. She then replaced the bulkhead with an engineered steel structure costing $167,058.59 and spent $266,372.75 on house repairs.
Molbert sued Kenko and its insurer, Travelers Property Casualty Company of America, in March 2018, alleging defective construction. The jury in September 2024 found Kenko, Cooley and Beier collectively responsible for 75% of the damages and Molbert for 25%. The jury awarded $266,372.75 for house damage, $167,058.59 for bulkhead replacement, $2,500 for loss of enjoyment of life and $7,500 for mental anguish. After reducing for her 25% fault, her recovery was $332,573.50. The trial court dismissed claims against Cooley and Beier individually.
On appeal, the court addressed Travelers’ coverage under its commercial general liability policy. It held that the breach‑of‑contract exclusion did not apply because Kenko lacked the required licenses, but the work‑product exclusion did exclude the bulkhead replacement cost. The policy covered the house damage under the products‑completed operations hazard provision. Mental anguish was not covered, and the loss of enjoyment award was not upheld.
The appellate court removed Molbert’s 25% fault entirely, citing evidence that the bulkhead failed due to improper design and construction. Experts found the structure lacked proper rock protection, soil compaction and height. The court increased her mental anguish award to $15,000 and eliminated the $2,500 loss‑of‑enjoyment award. The final judgment awarded her $266,372.75 for house damage, $167,058.59 for bulkhead replacement and $15,000 for mental anguish, totaling $448,431.34. Kenko and Travelers were ordered to pay 100% of trial‑court costs, expert fees and transcript costs.