LEMELLE v. TOWN OF SUNSET

Nos. 01-0351 and 01-0352.

796 So.2d 876 (2001)

Jeff LEMELLE v. TOWN OF SUNSET. McKinley Babineaux v. Town of Sunset, et al.

Court of Appeal of Louisiana, Third Circuit.

October 3, 2001.


Attorney(s) appearing for the Case

Robert Leon Ellender, Voorhies & Labbe', Lafayette, LA, Counsel for: Transportation Insurance Company.

Alex L. Andrus, III, Andrus & Doherty, Opelousas, LA, Counsel for: Town of Sunset.

Randall Leland Kleinman, Hulse & Wanek, New Orleans, LA, Counsel for: Columbia Casualty Insurance.

Elbert Lee Guillory, Attorney at Law, Opelousas, LA, Counsel for: McKinley Babineaux.

James Marshall Montgomery, Attorney at Law, Lafayette, LA, Counsel for: Jeff Lemelle.

Court composed of NED E. DOUCET Jr., Chief Judge, and OSWALD A. DECUIR and MARC T. AMY, Judges.


DECUIR, Judge.

Sunset police officers Jeff Lemelle and McKinley Babineaux filed these consolidated cases against the Town of Sunset and its insurers to recover attorney's fees incurred by them in successfully defending a criminal prosecution. They asserted a statutory right to attorney's fees under La.R.S. 42:1442. The insurers moved for summary judgment on the questions of coverage and the duty to defend their insured. After reviewing the policies at issue and listening...

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