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DUPLIN v. STATE FARM MUT. AUTO. INS. CO.

No. W90-111.

559 So.2d 146 (1990)

Colby DUPLIN, et al. v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY.

Court of Appeal of Louisiana, Third Circuit.

Rehearing Denied April 11, 1990.

Attorney(s) appearing for the Case

Charles V. Guilbault and Daryl J. Daigle, Courtnay, Forstall, Guilbault, Hunter & Fontana, New Orleans, for defendant-applicant.

David R. Rabalais, Hill & Beyer, Jimmy Genovese, Opelousas, for plaintiff-respondent.

Melissa Reardon, Randy Serrett, Matthew Hill, Mike Langrave, Lafayette, for defendant.

WRIT GRANTED AND MADE PEREMPTORY:

The trial court erred in denying the motion for summary judgment filed by Nautilus Insurance Company. There is no serious dispute of fact that relator's insured, Mako's bar, is engaged in the business of selling and serving alcoholic beverages. Opposing argument notwithstanding, any liability of Mako's in the instant suit must necessarily stem from the fact that Mako's is in the business of selling and serving alcohol. Exclusion...

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