Louisiana Court of Appeal, 1987

Wizard Enterprises, Inc. v. WM. T. Burton Industries, Inc.

Wizard Enterprises, Inc. v. WM. T. Burton Industries, Inc.
Louisiana Court of Appeal · Decided May 27, 1987 · Culpepper, Knoll, Stoker
507 So. 2d 885; 1987 La. App. LEXIS 11263 (Southern Reporter, Second Series)

Wizard Enterprises, Inc. v. WM. T. Burton Industries, Inc.

Opinion of the Court

WRIT GRANTED AND MADE PEREMPTORY: The trial court erred in not granting National Union Fire Insurance *886Company of Pittsburgh, Pennsylvania’s motion for summary judgment. There exists no material question of fact that the policy issued was terminated on August 2, 1983 and that the accident in this suit occurred on October 8, 1985, over two years after the policy was cancelled. This accident does not come within the definition of an “occurrence” by the policy provisions, and thus no coverage is afforded. IT IS ORDERED the trial court grant National Union Fire Insurance Company of Pittsburgh, Pennsylvania’s motion for summary judgment, and dismiss National Union Fire Insurance Company of Pittsburgh, Pennsylvania from the suit with prejudice.

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