Opinion
NO. 2015 CW 0917
08-21-2015
MICHELLE PETSCH v. GEANNE PETSCH, PETER PETSCH AND LIGHTHOUSE PROPERTY INSURANCE CORPORATION
In Re: Lighthouse Property Insurance Corporation, applying for supervisory writs, 21st Judicial District Court, Parish of Livingston, No. 141151. BEFORE: McDONALD, McCLENDON AND THERIOT, JJ.
WRIT GRANTED IN PART AND DENIED IN PART. We reverse that portion of the trial court judgment that denied Lighthouse Property Insurance Corporation's motion for summary judgment finding that plaintiff was not excluded from making a claim under Coverage E-Personal Liability of that policy. We find that there are no genuine issues of material fact and that plaintiff is an "insured" excluded from coverage under that portion of the policy, and we dismiss plaintiff's claims pursuant to Coverage E-Personal Liability of that policy. However, we find the trial court did not err in denying that part of the motion for summary judgment relating to coverage under the medical payments portion of the policy. We find that plaintiff is not unambiguously excluded from making a claim under Coverage F-Medical Payments to others.
PMc
MRT
JMM
COURT OF APPEAL, FIRST CIRCUIT /s/_________
DEPUTY CLERK OF COURT
FOR THE COURT