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TRINITY UNIVERSAL INS. CO. v. LYONS

No. 06-746.

943 So.2d 611 (2006)

TRINITY UNIVERSAL INSURANCE COMPANY v. Darryl James LYONS, Sr., et al.

Court of Appeal of Louisiana, Third Circuit.

Rehearing Denied December 13, 2006.

Attorney(s) appearing for the Case

Kirk L. Landry, Brian W. Hightower, Keogh, Cox & Wilson, Ltd., Baton Rouge, Louisiana, John R. Keogh, Sulphur, Louisiana, for Plaintiff/Appellant: Trinity Universal Insurance Company.

James L. Pate, Jason T. Reed, LaBorde & Neuner, Lafayette, Louisiana, for Defendant/Appellee: City of Westlake.

Court composed of ULYSSES GENE THIBODEAUX, Chief Judge, J. DAVID PAINTER, and JAMES T. GENOVESE, Judges.

GENOVESE, Judge.

Following an incident of arson involving its insured, American Legion Post # 370 (American Legion), Plaintiff, Trinity Universal Insurance Company (Trinity), filed a subrogation claim against Defendant, the City of Westlake (City), to recoup the amounts it paid to its insured. The City filed a motion for summary judgment on the ground that it had no legal duty to prevent the act of arson. The trial court granted the City's motion for summary

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