MMK lawyer James J. Reeves II prevails on insurance coverage summary judgment:
Reeves represented Evanston Insurance Company in the matter of KATHY ELLERBE and BILLY ELLERBE, SR. v. UNKNOWN INSURANCE COMPANY A et al., Case No. 89,282-A for the 10th Judicial Circuit of Louisiana, Natchitoches, LA. In that case, an employee of Evanston's insured was attacked by a German Shepherd on the insured's premises. The insured was not sued, nor was any employee of the insured named a defendant in the lawsuit. Reeves moved for summary judgment on behalf of his client arguing that there was no coverage as no insured had been sued, and that even if an insured were sued, the “Employer's Liability” and "Worker's Compensation" exclusions expressly precluded coverage for bodily injury to an employee of the insured arising out of and in the course of employment by the insured. The motion was orally argued in Natchitoches Parish, Louisiana.
The Court agreed that (a) there was no coverage as no insured had been sued and (b) even if an insured were a defendant, the exclusions of the policy would have precluded coverage. The Court dismissed Evanston from the lawsuit, and taxed costs on the plaintiffs.
Full decision available here: https://bit.ly/2FqONET
Partner with Melchiode Marks King.
Reported Decisions/Slip Opinions:
- Aucoin-Hart Jewelers, Inc. v. Metairie Shopping Ctr., L.L.C., 18-36 (La.App. 5 Cir. 5/30/18)
- D & D Drilling & Expl., Inc. v. XTO Energy, Inc., 2015-626 (La. App. 3 Cir. 5/4/16), 191 So. 3d 1166, reh'g denied (July 13, 2016)
- Fernandez v. Hand Const., LLC, 2015-0615 (La. App. 4 Cir. 5/16/16), 194 So. 3d 1149.
- Colony Insurance Company v. Jatinder Singh et al., No. 3:15-cv-00925, United States District Court, S.D. Mississippi.
- Red Dot Buildings, Inc. v. GM&R Constr. Co. Inc., No. CV 14-2803, 2016 WL 1182578 (E.D. La. Mar. 28, 2016)
- D&D Drilling & Expl., Inc. v. XTO Energy, Inc., 2015-631 (La. App. 3 Cir. 5/4/16)
- Alfred Conhagen, Inc. v. Ruhrpumpen, Inc., No. 15-3687, United States District Court, E.D. Louisiana (December 1, 2015).
- D&D Drilling & Exploration, Inc. v. XTO Energy, Inc., 15-1881 (La. 11/20/15), 180 So.3d 313.
- Dupre v. Todd Shipyards Corp., 2011 WL 4551439 (E.D.La. September 29, 2011)
- Leola Isaac v. Lapalco Court Apartments., et al., No. 2014-C-746, Court of Appeal, Fifth Circuit, State of Louisiana (October 10, 2014).
- Sean Duffy v. Essex Insurance Company, et al. No.2014-C-0741, Court of Appeal, Fourth Circuit, State of Louisiana (September 23, 2014).
- Rodrigue v. Continental Ins. Co., 2014 WL 4999465, (E.D.La.,2014).
- Robert Ticknor, et al. v. Rouse's Enterprises LLC, No. 12-1151, E.D. La.; 2014 U.S. Dist. LEXIS 21129.
- Mary Champagne-Barnes et al. v. C.R. Pittman Construction, Inc., et al., No. 2013-C-0317. Court of Appeal, Fourth Circuit, State of Louisiana (July 11, 2013)
- George Raymond Williams v. Mor-Tem Risk Management Services Inc. et al., 2012 WL 1014752 (W.D.La.,2012)
- Hammerman & Gainer, Inc. v. Stratacare, Inc., 2011 WL 1806514 (W.D.La.,2011)
- Hammerman & Gainer, Inc. v. Stratacare, Inc., 2010 WL 4531381 (W.D.La.,2010)
- Hammerman & Gainer, Inc. v. Stratacare, Inc., 2010 WL 3927776 (W.D.La.,2010)
- McMellar et al. v. Patel et al., 38 So. 3d 360 (La. 2010).