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PROSHEE v. SHREE, INC.

No. 2004-1145.

893 So.2d 939 (2005)

Dennis PROSHEE v. SHREE, INC. d/b/a Southerner Motel.

Court of Appeal of Louisiana, Third Circuit.

February 2, 2005.

Attorney(s) appearing for the Case

Jacques M. Roy, Alexandria, LA, for Plaintiffs-Appellants, Dennis Proshee.

Victor H. Sooter, Elizabeth Brown Hilburn, Alexandria, LA, for Defendant-Appellant, Shree, Inc. d/b/a Southerner Motel.

Matthew J. Ungarino, David I. Bordelon, Metairie, LA, for Defendant-Appellee, Century Surety Company.

Court composed of SYLVIA R. COOKS, JIMMIE C. PETERS, and J. DAVID PAINTER, Judges.

PAINTER, Judge.

Hotel patron who was allegedly beaten and robbed by unknown assailants in the hotel parking lot brought suit against the hotel. The insurer of the hotel intervened and filed a Motion for Summary Judgment based on the assault and battery exclusion contained in its policy. The trial court granted summary judgment in favor of the insurer and both plaintiff and the insured appealed. For the reasons that follow, we affirm.

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