A riverfront home can face years of damage from erosion and moving water, making protective structures an important investment for homeowners.
asserted
structures → face → homeowners
But when a barrier built to safeguard a property fails during a flood, the consequences can extend far beyond the cost of replacing it.
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consequences → build → it
One Louisiana homeowner experienced this after a wooden river barrier collapsed, leaving her house structurally compromised and requiring hundreds of thousands of dollars in repairs.
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barrier → experience → repairs
The Louisiana Court of Appeal, Third Circuit, addressed the dispute in its October 30, 2026,
decision in Elizabeth D. Molbert v. Kenko Bulkhead & Marine Services, LLC, et al., available on Justia.
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Court → address → Justia
The court examined the contractor's responsibility for the failed construction, the homeowner's share of fault and the extent of the contractor's insurance coverage.
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court → examine → coverage
It ultimately removed the homeowner's share of responsibility, increased her mental anguish compensation and revised the damages awarded, bringing her total recovery to $448,431.34.
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It → remove → 448,431.34
A $32,500 bulkhead was built to protect the riverfront property
Elizabeth Molbert purchased her home along the west fork of the Calcasieu River in 2009 for $109,000.
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Molbert → build → 109,000
Several years later, concerned about erosion caused by the river's moving water, she hired Kenko Bulkhead & Marine Services LLC to construct a 130-foot wooden bulkhead.
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she → cause → bulkhead
The structure, completed in June 2016, cost $32,500.
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structure → complete → 32,500
Its purpose was to prevent the riverbank from eroding and protect the house from the effects of the moving water.
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purpose → prevent → water
However, the bulkhead failed during a flood in May 2017.
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bulkhead → fail → May
Molbert subsequently discovered that the consequences extended beyond the damaged river barrier.
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consequences → discover → barrier
Because Kenko had connected the original wooden bulkhead to a piling supporting the house, the structure's failure caused the house to shift.
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house → connect → house
Molbert filed a claim under her flood insurance policy with Liberty Mutual.
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Molbert → file → Mutual
An appraisal determined that her losses exceeded the policy limit, and the insurer paid her $165,000.
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insurer → determine → 165,000
She also replaced the failed wooden structure with an engineered steel bulkhead, which cost $167,058.59.
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which → replace → 167,058.59
Repairs to her house added another $266,372.75 to her expenses.
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Repairs → add → expenses
Homeowner sued contractor over defective construction
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Homeowner → sue → construction
In March 2018, Molbert filed a damages lawsuit against Kenko and its insurer, Travelers Property Casualty Company of America.
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Molbert → file → America
She alleged that defective construction of the bulkhead had caused the damage to her property.
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construction → allege → property
She later amended her lawsuit to include Kenko's owners, Kenneth Cooley and Glenn Beier.
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She → amend → owners
Among her allegations was that the two men had assured her they were licensed contractors and legally qualified to perform the work, although they did not have the required licences.
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they → assure → licences
The case went to a jury trial in September 2024.
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case → go → September
The jury assigned 75% of the responsibility for the damages to Kenko, Cooley and Beier collectively, while finding Molbert 25% at fault.
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jury → assign → fault
It awarded her $266,372.75 for damage to the house, $167,058.59 for the bulkhead and shoreline, $2,500 for loss of enjoyment of life and $7,500 for mental anguish.
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It → award → anguish
After reducing the award to account for her 25% share of fault, her recovery was calculated at $332,573.50.
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recovery → reduce → 332,573.50
The trial court subsequently dismissed the claims against Cooley and Beier in their individual capacities.
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court → dismiss → capacities
The homeowner, contractor and insurer all appealed.
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homeowner → appeal → ?
Appeals court examined licensing and insurance coverage
A central issue before the appeals court was whether Travelers could avoid covering the damages under exclusions in its commercial general liability policy.
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Travelers → examine → policy
The insurer argued that the policy's breach-of-contract exclusion applied because the dispute arose from the agreement to construct the bulkhead.
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dispute → argue → bulkhead
However, the appeals court found that the exclusion did not prevent coverage because Kenko did not hold the required licences to perform the contracted work.
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Kenko → find → work
Under Louisiana law, a construction contract entered into in violation of licensing requirements can be considered an absolute nullity.
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contract → enter → requirements
The judges also examined the policy's work-product exclusion.
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judges → examine → exclusion
They ruled that Travelers' policy excluded the $167,058.59 cost of repairing and replacing the defective bulkhead itself.
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policy → rule → bulkhead
The court also clarified that the jury's award under the combined 'shoreline/bulkhead' category represented bulkhead replacement costs alone, as Molbert had not restored the shoreline.
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Molbert → clarify → shoreline
However, the damage to Molbert's house was covered under the policy's products-completed operations hazard provision because it involved damage to other property after the construction work had been completed.
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work → cover → property
The policy did not cover the mental anguish award, a finding by the trial court that remained undisturbed on appeal.
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that → cover → appeal
Thus, although Molbert's total damages award increased to $448,431.34, Travelers' coverage did not extend to the entire amount.
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coverage → increase → amount
The court also rejected Kenko's argument that the homeowner's $165,000 flood insurance payment should be deducted from her recovery.
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payment → reject → recovery
It explained that Molbert remained entitled to pursue the unpaid portion of her damages, although she would have to reimburse Liberty Mutual in accordance with the policy's subrogation clause.
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she → explain → clause
…and 12 more, not listed.
The Aporia
