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ENCOMPASS INS. CO. v. GAMMON ROOFING, L.L.C.

No. 2007-CA-1554.

996 So.2d 16 (2008)

ENCOMPASS INSURANCE COMPANY, As Subrogee of Morris Keil Moss v. GAMMON ROOFING, L.L.C., Previously Known as Gammon Enterprises, L.L.C., Stephen D. Gammon and Essex Insurance Company.

Court of Appeal of Louisiana, Fourth Circuit.

September 24, 2008.

Attorney(s) appearing for the Case

William M. Blackston, Charles E. Riley, IV, Simon Peragine Smith & Redfearn, L.L.P., New Orleans, LA and Brad M. Gordon, Grotefeld & Hoffmann, LLP, Chicago, IL, for Plaintiff/Appellant, Encompass Insurance Company.

Gerald A. Melchiode, Julie Eustis Vaicius, Galloway, Johnson, Tompkins, Burr & Smith, New Orleans, LA, for Defendant/Appellee, Essex Insurance Company.

(Court Composed of Judge MAX N. TOBIAS, JR., Judge EDWIN A. LOMBARD, Judge Pro Tempore MOON LANDRIEU).

MOON LANDRIEU, Judge Pro Tempore.

This is an insurance coverage dispute. The trial court granted the motion for summary judgment filed by the defendant, Essex Insurance Company ("Essex"). From that judgment, the plaintiff, Encompass Insurance Company ("Encompass"), appeals. For the reasons that follow, we affirm.

FACTUAL AND PROCEDURAL BACKGROUND

On July 19, 2004, Morris Keil Moss entered into a contract with Gammon Roofing, L.L.C. (previously known...

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