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SWIDO v. LAFAYETTE INS. CO.

Nos. CW 04-1674.

916 So.2d 399 (2005)

Pat SWIDO and Tommie Swido v. LAFAYETTE INSURANCE COMPANY, et al.

Court of Appeal of Louisiana, Third Circuit.

November 2, 2005.

Attorney(s) appearing for the Case

Russell L. Potter, Andrew Parker Texada, Stafford, Stewart & Potter Alexandria, Louisiana, for Defendants/Applicants, Lafayette Insurance Company, Erica Gaillard, Mark Gaillard.

Raymond L. Brown, Jr., Steven M. Oxenhandler, Gold, Weems, Bruser, Sues & Rundell, Alexandria, Louisiana, for Defendant/Respondent, Miki Gaillard.

Edgar John Litchfield, Attorney at Law, New Orleans, Louisiana, for Intervenor/Respondent, Charity Hospital & Medical Center of Louisiana.

Robert Hairford, Attorney at Law, Baton Rouge, Louisiana, for Respondent, Estate of Herman Hairford.

Christopher J. Roy, Sr., Timothy D. Shumate, Roy Law Office, Alexandria, Louisiana, for Plaintiffs/Respondents, Pat Swido, Tommie Swido.

Court composed of ULYSSES GENE THIBODEAUX, Chief Judge, MICHAEL G. SULLIVAN, and ELIZABETH A. PICKETT, Judges.

SULLIVAN, Judge.

Mark and Erica Gaillard, Lafayette Insurance Company (Mark and Erica's homeowners' insurer), and Miki Gaillard applied to this court for writs after the trial court denied their motions for summary judgment. We granted the writ applications to determine whether the trial court's denial of summary judgment in favor of the Gaillards and Lafayette Insurance Company was correct. For the following reasons, the judgment of the trial court is reversed, and...

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