Provosty v. Norris

Louisiana Court of Appeal

Provosty v. Norris

545 So. 2d 698, 1989 La. App. LEXIS 1231, 1989 WL 64006

CourtLouisiana Court of Appeal

DecidedJune 13, 1989

DocketNo. W89-552

StatusPublished

This text of 545 So. 2d 698 (Provosty v. Norris) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Provosty v. Norris, 545 So. 2d 698, 1989 La. App. LEXIS 1231, 1989 WL 64006 (La. Ct. App. 1989).

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Opinion

WRIT GRANTED AND MADE PEREMPTORY:

The plaintiff's petition alleges only acts of vandalism on the part of the minors. Such willful and malicious acts by an insured are excluded from coverage under the policy issued by State Farm Fire & Casualty Company. See Travelers Insurance Company v. Blanchard, 431 So.2d 913 (La.App. 2 Cir.1983). The minor, Daniel Schrock, is an insured under the terms of the policy, therefore the alleged acts of vandalism are excluded from coverage. For these reasons, the trial court erred in failing to grant the defendants motion for summary judgment. It is hereby ordered that judgment be entered granting defendant’s, State Farm Fire & Casualty Insurance Co.’s, motion for summary judgment. Accordingly, plaintiff’s suit against State Farm Fire and Casualty Company is ordered dismissed with prejudice and at plaintiff's cost.

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WRIT GRANTED AND MADE PEREMPTORY:

The plaintiff's petition alleges only acts of vandalism on the part of the minors. Such willful and malicious acts by an insured are excluded from coverage under the policy issued by State Farm Fire & Casualty Company. See Travelers Insurance Company v. Blanchard, 431 So.2d 913 (La.App. 2 Cir.1983). The minor, Daniel Schrock, is an insured under the terms of the policy, therefore the alleged acts of vandalism are excluded from coverage. For these reasons, the trial court erred in failing to grant the defendants motion for summary judgment. It is hereby ordered that judgment be entered granting defendant’s, State Farm Fire & Casualty Insurance Co.’s, motion for summary judgment. Accordingly, plaintiff’s suit against State Farm Fire and Casualty Company is ordered dismissed with prejudice and at plaintiff's cost.

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Bluebook (online)

545 So. 2d 698, 1989 La. App. LEXIS 1231, 1989 WL 64006, Counsel Stack Legal Research, https://law.counselstack.com/opinion/provosty-v-norris-lactapp-1989.

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