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WESTMORE v. HULL

No. CA 93 1868.

636 So.2d 1199 (1994)

Judia and Issac WESTMORE, Each Individually and as Partners in the Community of Acquets and Gains Existing Between Them v. Aaron and Rose HULL, as the Natural Tutors of the Minor Child, Timothy Hull, State Farm Mutual Automobile Insurance Company, State Farm Fire & Casualty Insurance Company, Vernon Paul Kaufman, Allstate Insurance Company and Allstate Property & Casualty Insurance Company.

Court of Appeal of Louisiana, First Circuit.

May 20, 1994.

Attorney(s) appearing for the Case

James R. Clary, Jr., Baton Rouge, for plaintiff-appellant, Judia Westmore.

Donald Smith, John W. Perry, Jr., Baton Rouge, for defendant-appellee, Allstate Ins. Co.

Before EDWARDS, CARTER and CRAIN, JJ.

EDWARDS, Judge.

On December 8, 1990, Vernon Paul Kaufman fired a shot, from a .38 caliber pistol, which struck and killed Kirkland Westmore. Westmore's parents, Judia and Issac Westmore, filed this wrongful death action naming as defendants, Vernon Paul Kaufman and Allstate Insurance Company, the homeowners insurer of Kaufman's parents, James and Verna Banks. Allstate moved for and was granted summary judgment in its favor on the basis of an exclusionary provision...

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