Opinion
No. 90-C-0728.
May 18, 1990.
In re Safeco Insurance Co. of America; — Defendant; Applying for Writ of Certiorari and/or Review; to the Court of Appeal, Fourth Circuit, Number 89CA-0953; Parish of Orleans Civil District Court Div. "E" Number 87-15442.
Granted. The court of appeal correctly reversed the summary judgment and remanded the case for trial. However, the court of appeal improperly proceeded to interpret the contract on the basis of the intent of the parties before a trial on the merits of the issue. Accordingly, the decision of the court of appeal is amended in this respect and, as amended, is affirmed.
MARCUS and COLE, JJ., would deny the application.