Terry J. Leblanc v. Zaina & Tejan, Inc., Hill City Oil Co., Inc., Mammoon Khalil, Bahaaldin Khalil

• Court: Louisiana Court of Appeal
• Decided: May 11, 2021
• Docket: 2021CW0170
• Status: Unknown

Opinion

STATE OF LOUISIANA

COURT OF APPEAL, FIRST CIRCUIT

TERRY J. LEBLANC NO. 2021 CW 0170

VERSUS

ZAINA & TEJAN, INC.; HILL CITY OIL CO., INC.; MAMOON I. KHALILI, BAHAALDIN I. MAY 11, 2021 KHALIL

In Re: Seneca Specialty Insurance for Company, applying supervisory writs, 32nd Judicial District Court, Parish of Terrebonne, No. 181407.

BEFORE: THERIOT, WOLFE, AND RESTER, JJ.

WRIT GRANTED. The trial court' s January 14, 2021 judgment, which denied the motion for summary judgment filed by defendant, Seneca Specialty Insurance Company, is reversed. The insurance policy issued by defendant, Seneca Specialty Insurance Company, includes a Weapons Exclusion, which provides that the insurance does not apply to bodily injury arising out of or resulting from the possession or lethal but use of a weapon, including not

limited to firearms by any person. There is no factual dispute herein that plaintiff, Terry J. LeBlanc, asserts his injuries were caused when he was shot with a firearm. We find that Seneca Specialty Insurance Company met its burden of proving that the policy at issue unambiguously excludes coverage for the damages alleged in this matter. See Fouquet v. Daiquiris & Creams of Mandeville, L. L. C., 2010- 0233 ( La. 1st App. Cir. 9/ 13/ 10), 49 So. 3d 44. Thus, we find that there is no coverage under the policy issued by Seneca Specialty Insurance Company for the damages alleged by plaintiff. Based upon this court' s

conclusion that the Weapons Exclusion excludes unambiguously coverage, we pretermit discussion of the assault and battery exclusion the and employer' s liability exclusion. Accordingly, the motion for summary judgment is granted, and all claims against defendant, Seneca Specialty Insurance Company, are

dismissed with prejudice.

MRT EW CHH

Pau/ k DEPUTY CL RK OF COURT FOR THE COURT