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BATISTE v. CITY OF NEW ORLEANS

No. 2011-CA-1168.

85 So.3d 800 (2012)

Frank BATISTE and Lavinzale Batiste v. CITY OF NEW ORLEANS; SMG Crystal, LLC; & Orleans Parish School Board.

Court of Appeal of Louisiana, Fourth Circuit.

February 29, 2012.

Attorney(s) appearing for the Case

W. Gregory Merritt , Silbert & Garon, L.L.P., New Orleans, LA, for Plaintiff/Appellee.

Brian E. Sevin , Travis L. Bourgeois , Sidney W. Degan III , Degan Blanchard & Nash, New Orleans, LA, for Defendant/Appellant.

(Court composed of Chief Judge CHARLES R. JONES, Judge MAX N. TOBIAS, JR., Judge JOY COSSICH LOBRANO).

MAX N. TOBIAS, JR., Judge.

The defendant, United States Fidelity & Guaranty Company ("USF & G"), appeals the trial court's granting of partial summary judgment in favor of the plaintiffs, Frank and Lavinzale Batiste (collectively, "the Batistes"), finding coverage under a commercial general liability ("CGL") policy issued by USF & G to SMG Crystal, LLC ("SMG"), under which the City of New Orleans ("the City") is an additional insured, for fatal injuries...

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