Supreme Court of Louisiana, 1992

Town of Melville v. Safeco Insurance Co. of America

Town of Melville v. Safeco Insurance Co. of America
Supreme Court of Louisiana · Decided February 28, 1992 · Deny, Marcus, Watson, Writ
593 So. 2d 376; 1992 La. LEXIS 771; 1992 WL 38759 (Southern Reporter, Second Series)

Town of Melville v. Safeco Insurance Co. of America

Opinion of the Court

In re Safeco Insurance Co. of America;— Defendants); applying for writ of certiora-*377ri and/or review; to the Court of Appeal, Third Circuit, No. CW90-0575; Parish of St. Landry, 27th Judicial District Court, Div. “D”, No. 86-1409.

Prior report: La.App., 589 So.2d 625.

Granted. Summary judgment reversed. Case remanded to the district court for further proceedings. There appear to be genuine issues of material fact related to defenses asserted which are personal to the surety and may not be precluded by the arbitration award.

MARCUS and WATSON, JJ., would deny the writ.

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