PENDER v. ELMORE

No. 37,690-CA.

855 So.2d 930 (2003)

Wayne M. PENDER and Andrew Ordell Milstead, Jr., Plaintiffs-Appellants, v. Mary Lee ELMORE, et al., Defendants-Appellees.

Court of Appeals of Louisiana, Second Circuit.

September 24, 2003.


Attorney(s) appearing for the Case

H. Herbert Hobgood, Monroe, for Plaintiffs-Appellants.

Sir Clyde Lain, Monroe, for Mary Lee Elmore, Edna McCauley Thomas, Leondra D. Julks, Marlis McGee, and Terri McCauley.

Tracy W. Houck, for Randy Carpenter.

J. Michael Hart, Monroe, for Sidney Stokes and Martin Gardner.

F. Williams Sartor, Monroe, for Capital City Insurance Co.

Mary Alice Bryant, Monroe, for Frank Toston.

Sam O. Henry, IV, for Willie DeBurr.

Before WILLIAMS, GASKINS and CARAWAY, JJ.


CARAWAY, J.

This appeal stems from a timber cutting dispute involving co-owners of land, parties in the timber industry who cut or sold the timber, and the insurance company for the actual timber cutter. Two summary judgments were granted by the trial court. The first summary judgment concerned the issue of insurance coverage which the trial court found lacking. Since we find that the policy coverage extends to intentional conduct so long as the insured did not subjectively...

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