Louisiana Court of Appeal, 1987

Allen Parish Police Jury v. Trinity Universal Insurance Co.

Allen Parish Police Jury v. Trinity Universal Insurance Co.
Louisiana Court of Appeal · Decided April 29, 1987
506 So. 2d 233; 1987 La. App. LEXIS 9409 (Southern Reporter, Second Series)

Allen Parish Police Jury v. Trinity Universal Insurance Co.

Opinion of the Court

WRIT GRANTED AND MADE PEREMPTORY

The trial court erred in denying Trinity Universal Insurance Company’s motion for summary judgment, as the exclusion contained in the policy applies to the allegation contained in the Allen Parish Police Jury’s petition. From the evidence submitted, there is no question of fact that the damage was due to the truck’s mechanical failure or breakdown, which is excluded by the policy provisions. IT IS ORDERED that the trial court’s judgment denying Trinity Universal Insurance Company’s motion for summary judgment be vacated and set aside, and NOW ORDERED that the trial court grant Trinity Universal Insurance Company’s motion for summary judgment, dismissing the insurer from the suit with prejudice, and assessing costs to the plaintiff, Allen Parish Police Jury.

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