Supreme Court of Louisiana, 1993

Mosley v. Dairyland Insurance Co.

Mosley v. Dairyland Insurance Co.
Supreme Court of Louisiana · Decided June 25, 1993 · Docket, Grant, Hall, Lemmon, Ortique, Reasons, Writ
620 So. 2d 828; 1993 La. LEXIS 2150; 1993 WL 228386 (Southern Reporter, Second Series)

Mosley v. Dairyland Insurance Co.

Dissenting Opinion

HALL, Justice,

dissenting.

I respectfully dissent from the peremptory reversal of the trial court and court of appeal decisions and remand to the trial court for further proceedings on the coverage issue. There are no genuine issues of material fact bearing on the coverage issue; neither party so contends. If the thorough court of appeal majority opinion is to be reviewed to consider the serious issues raised by the dissenting court of appeal judge and the relator, it should be done by granting the writ and docketing the case for briefing, argument, and an opinion by this court.

Opinion of the Court

In re Mosley, Michael D.; — Plaintiff(s); applying for writ of certiorari and/or review; to the Court of Appeal, Second Circuit, No. 24268-CA; Parish of Caddo, 1st Judicial District Court, Div. “E”, No. 332,-819.

Granted. Judgment of lower courts granting summary judgment in favor of Liberty Mutual Insurance Co. and Southern American Insurance Co. is vacated and set aside. Genuine issue of material fact regarding coverage. Case remanded to the district court for further proceedings. Otherwise denied.

LEMMON, J., would grant and docket the writ. HALL, J., dissents with reasons. ORTIQUE, J., not on panel.

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