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Valteau v. First Mercury Insurance Co.

Court of Appeals of Louisiana, Fourth Circuit

March 14, 2018

DAPHNE RICHARDSON VALTEAU
v.
FIRST MERCURY INSURANCE COMPANY, ET AL

         ON APPLICATION FOR WRITS DIRECTED TO CIVIL DISTRICT COURT, ORLEANS PARISH NO. 2013-12207, DIVISION "N-8" Honorable Ethel Simms Julien, Judge

          Christina A. Culver, Kevin F. Risley, Robert J. Bridger, Thompson, Coe, Cousins & Irons, LLP COUNSEL FOR DEFENDANT/RELATOR

          Philip E. Reso, Thomas C. Cowan, Cowan & Lemmon, LLP, Paul R. Valteau, Jr., Valteau, Harris, Koenig & Mayer, COUNSEL FOR PLAINTIFF/RESPONDENT.

          (Court composed of Judge Edwin A. Lombard, Judge Daniel L. Dysart, Judge Joy Cossich Lobrano, Judge Regina Bartholomew-Woods, Judge Dennis R. Bagneris, Sr., Pro Tempore)

          Daniel L. Dysart Judge.

         Relator, First Mercury Insurance Company, seeks review of the trial court's ruling of October 16, 2017, denying the relator's Motion for Summary Judgment. Relator sought a writ of certiorari from this Court, which convened a five-judge panel and heard oral argument.

         Relator seeks dismissal, with prejudice, of the claims made against it by plaintiff, Daphne Richardson Valteau, whose father was stabbed to death in an incident which took place at the property owned and/or operated by The Terraces Limited Partnership, d/b/a The Terraces on Tulane ("The Terraces"), and managed by Latter & Blum Property Management, Inc.

         Patriot Protection Agency, Inc., ("Patriot") was the company hired to provide security services at The Terraces at the time of the stabbing. Relator was the liability insurance carrier for Patriot and was brought into the action in a Fourth Supplemental and Amending Petition filed in December 2016.

         The policy issued by relator to Patriot, which was in effect at the time of the incident, provided the following "Exclusion of Specific Work":

Notwithstanding anything to the contrary contained in the policy or any endorsement attached thereto, it is agreed that this insurance does not apply to "Bodily Injury", "Property Damage, " or "Advertising Injury" arising out of the rendering of or failure to render any services described in the Schedule of Excluded Operations contained in this endorsement, regardless of whether such operations are conducted by you or on you [sic] behalf. This endorsement applies even if other causes contribute to or aggravate the "Bodily Injury, " "Property Damage, " "Personal Injury" or "Advertising Injury."
[ ] ￿Description o Efxcluded Operations:
Any and all operations at, or arising from, any government owned residential facility, or any such facility established for the purpose of providing subsidized housing, whether owned or subsidized by a municipal, state or federal government, or any subdivision or agency thereof.

         On its face, it appears relator's argument is in line with Hickey v. Centenary Oyster House, 97-1074 (La. 10/20/98), 719 So.2d 421, and Michelet v. Scheuring Security Services, Inc., 95-2196 (La.App. 4 Cir. 9/4/96), 680 So.2d 140, wherein the Supreme Court and this Court held that intentional or criminal acts ...


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