Guillot v. Guillot
92 So. 3d 1212
La. Ct. App.2012Background
- Wayne and Susan Guillot sue Reece Guillot, Benjamin Guillot, Guillot Farms, and Farm Bureau for injuries from an assault on March 16, 2008.
- Wayne had crawfish-boat issues with Reece; dispute allegedly arose from Guillot Farms’ ordinary business.
- Reece and Benjamin allegedly acted in concert to block the road and assaulted Wayne after a confrontation.
- Farm Bureau denied liability coverage under seven in-force policies.
- Wayne and Sandra moved for summary judgment on coverage; Farm Bureau cross-moved for denial of coverage.
- Trial court granted Farm Bureau summary judgment and dismissed claims; appellate court affirmed for lack of coverage under all Farm Bureau policies.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Farm Bureau policies provide liability coverage for the incident | Guillot based on Breland to support coverage | Exclusions negate coverage under all policies | No coverage under Farm Bureau policies; exclusions valid |
Key Cases Cited
- Breland v. Schilling, 550 So.2d 609 (La. 1989) (intentional act exclusion valid for coverage issues)
- Fontenot v. Duplechine, 891 So.2d 41 (La.App. 3 Cir. 2004) (policy language excludes even if injury greater than intended)
- Perkins v. Shaheen, 867 So.2d 135 (La.App. 3 Cir. 2004) (homeowner’s and farm policies excluded bodily injury from intentional acts)
- Richard v. Brasseaux, 50 So.3d 282 (La.App. 3 Cir. 2010) (upholds exclusionary language for intentional acts)