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
E. Reso, Thomas C. Cowan, Cowan & Lemmon, LLP, Paul R.
Valteau, Jr., Valteau, Harris, Koenig & Mayer, COUNSEL
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)
L. Dysart Judge.
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.
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
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
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
[ ] 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.
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 ...