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MIRE v. FIDELITY & CAS. CO. OF NEW YORK

No. 5601.

338 So.2d 351 (1976)

Lorena St. Amant MIRE, Plaintiff-Appellant, v. FIDELITY & CASUALTY COMPANY OF NEW YORK, Defendant-Appellee.

Court of Appeal of Louisiana, Third Circuit.

Concurring Opinion September 30, 1976.

On Rehearing November 3, 1976.

Attorney(s) appearing for the Case

Albert L. Boudreau, Jr., Abbeville, for plaintiff-appellant.

Broussard, Broussard & Moresi by Paul G. Moresi, Jr., Abbeville, Davidson, Meaux, Onebane & Donohoe by Timothy J. McNamara, Lafayette, Thompson & Sellers, by Charles M. Thompson, Jr., Abbeville, for defendant-appellee.

Before HOOD, MILLER and WATSON, JJ.

MILLER, Judge.

Plaintiff Lorena St. Amant Mire appeals the dismissal of her claim against defendant Fidelity & Casualty Company of New York on its exception of no cause of action. F&C attached its insurance policy to its exception and based its exception on a policy exclusion. We reverse.

LSA-C.C.P. art. 931 excludes the taking of evidence to support the objection that the petition fails to state a cause of action. In ruling on an exception of no cause...

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