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INNOVATIVE HOSPITALITY SYSTEMS, LLC v. ABRAHAM

No. 10-217.

61 So.3d 740 (2011)

INNOVATIVE HOSPITALITY SYSTEMS, LLC v. Johnny ABRAHAM d/b/a/ Abe's Grocery.

Court of Appeal of Louisiana, Third Circuit.

April 6, 2011.

Attorney(s) appearing for the Case

Robert William Collings , Collings & Collings, APLC, Lake Charles, LA, for Defendant/Respondent, Johnny Abraham d/b/a Abe's Grocery.

Stephen Charles Polito , Stockwell, Sievert, Viccellio, Clements & Shaddock, LLP, Lake Charles, LA, for Defendant/Respondent, Jeff Davis Banc Shares, Inc. d/b/a Jeff Davis Bank & Trust Co.

Wayne Allen Shullaw , Lafayette, LA, for Defendant/Respondent, J.P. Morgan Chase Bank, N.A.

James R. Sutterfield , Sutterfield & Webb, LLC, New Orleans, LA, for Defendant/Respondent, Mt. Hawley Insurance Company.

Max Jeffrey Cohen , James Thomas Busenlener , Lowe, Stein, Hoffman, Allweiss & Hauver, LLC, New Orleans, LA, for Defendant/Applicant, First Specialty Insurance Corp.

Robert B. Evans, III , Cesar R. Burgos , Gabriel O. Mondino , Burgos & Evans, LLC, New Orleans, LA, for Plaintiff/Respondent, Innovative Hospitality Systems, LLC.

Jason Paul Foote , Chopin, Wagar, Richard & Kutcher, LLP, Metairie, LA, for Defendant/Respondent, Ace Cash Express, Inc.

Court composed of SYLVIA R. COOKS, BILLY HOWARD EZELL, and SHANNON J. GREMILLION, Judges.

EZELL, Judge.

Innovative Hospitality Systems, LLC, alleged in its petition that in March 2007, at least 108 of its checks were fraudulently presented for cashing at Abe's Grocery in Lake Charles, Louisiana. The applicant, First Specialty Insurance Corporation, provided a commercial general liability policy for Abe's. First Specialty filed a motion for summary judgment asserting that the cashing of these fraudulent checks was not covered by its policy. The trial court...

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