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EVERETT v. PHILIBERT

No. 2008 CA 2270.

13 So.3d 616 (2009)

Eloyce EVERETT Wife of/and Aldon EVERETT v. Gordon N. PHILIBERT, Bel Oaks Builders, Inc. and ABC Insurance Company.

Court of Appeal of Louisiana, First Circuit.

May 8, 2009.

Attorney(s) appearing for the Case

David C. Clement, Lara J. Jensen, New Orleans, LA, for Plaintiffs/Appellants, Eloyce Everett wife of/and Aldon Everett.

Andre C. Gaudin, Dennis J. Phayer, Benjamin C. Rodgers, Sue Buser, Metairie, LA, for Defendants/Appellees, Bel Oaks Builders.

John S. Lawrence, Jr. Mandeville, LA, for Defendant/Appellee, Gordon N. Philibert.

Gerald A. Melchiode, Sarah R. Ziomek, Jason J. Markey, New Orleans, LA, for Defendant/Appellee, Essex Insurance Company.

Charles L. Dirks, III, Baton Rouge, LA, for Defendant/Appellee, Hi Insulation, L.L.C.

Before CARTER, C.J., WHIPPLE and DOWNING, JJ.

DOWNING, J.

Plaintiffs, Aldon and Eloyce Everett, appeal a judgment granting Essex Insurance Company's (Essex's) motion for summary judgment. In the judgment the trial court ruled that the Commercial General Liability (CGL) policy issued by Essex to Gordon N. Philibert and Bel Oaks Builders, Inc., (collectively, Bel Oaks), provided no coverage for the tort claims alleged in plaintiffs' petition. The trial court also ruled...

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