SIMMONS v. WEIYMANN

No. 2005 CA 1128.

943 So.2d 423 (2006)

Gary and June SIMMONS, Individually and as Natural Tutor/Tutrix of Their Minor Children, Ellen Simmons and Miranda Simmons v. Byron WEIYMANN, John Doe and Jane Doe, as Natural Parents and Tutor/Tutrix of the Minor Child, Candace B. Braden, and American Western Home Insurance Company.

Court of Appeal of Louisiana, First Circuit.

August 23, 2006.


Attorney(s) appearing for the Case

Shawn C. Reed, Hope E. Robertson, Charles C. Collins, Howard, Reed & Taylor, Covington, for Plaintiffs-Appellants Gary and June Simmons, et al.

Charles J. Foret, Briney & Foret, Lafayette, for Defendant-Appellee American Western Home Ins. Co.

Before: PARRO, McDONALD, and HUGHES, JJ.


PARRO, J.

The plaintiffs appeal a judgment granting a motion for summary judgment in favor of an insurer on the basis that an exclusion in the homeowner's liability insurance policy precluded coverage for the plaintiffs' claims against their insured. We affirm.

FACTUAL AND PROCEDURAL BACKGROUND

Candace B. Braden, a minor, was driving a "four-wheeler" on a roadway with her younger sister and two other children, Ellen and Miranda Simmons, as passengers...

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