McQUIRTER v. ROTOLO

No. 2011 CA 0188.

77 So.3d 76 (2011)

Roosevelt McQUIRTER & John Hayes v. Robert ROTOLO, MICOR Communications Baton Rouge Inc., and XYZ Insurance Company.

Court of Appeal of Louisiana, First Circuit.

September 14, 2011.


Attorney(s) appearing for the Case

Dana B. Brown , Kris A. Perret , Baton Rouge, LA, for Plaintiffs-Appellees Roosevelt McQuirter and John Hayes.

John Christopher Alexander, Sr. , Baton Rouge, LA, for Defendant-Appellee Micor Communications, Inc.

Brian K. Abels , Mark D. Boyer , Denham Springs, LA, for Defendant-Appellant Cox Communications Louisiana, L.L.C.

Jay Russell Sever , Karl H. Schmid , Jennifer M. Morris , New Orleans, LA, for Defendant-Appellee Scottsdale Insurance Company.

Before WHIPPLE, KUHN, and GUIDRY, JJ.


KUHN, J.

This appeal considers whether insurance coverage is provided under the terms of a commercial general liability ("CGL") policy for a claim advanced by an "additional insured," where coverage is afforded for "contractual liability" that is "assumed" in an "insured contract," but coverage is excluded if "`bodily injury' or `property damage'" arise out of the use of an auto owned or operated by an insured under the "aircraft, auto or watercraft" exclusion. The...

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