Harry B. Brown VS Marcelo Olvera, Olvera's Concrete, Inc.; Olvera's Concrete Louisiana, Inc.; State Farm Mutual Automobile Insurance Company; and Endurance American Specialty Insurance Company
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STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT HARRY B. BROWN 2021 NO. CW PAGE 0365 1 OF 2 VERSUS MARCELO OLVERA, INC.; OLVERA' S INC.; STATE INSURANCE AMERICAN OLVERA' S CONCRETE FARM MUTUAL COMPANY; AUTOMOBILE AND SPECIALTY CONCRETE, LOUISIANA, ENDURANCE NOVEMBER INSURANCE 15, 2021 COMPANY In Re: applying Court, BEFORE: WRIT Insurance property Marcelo the factual who was issue judgment Specialty injury a automobile La. dismiss matter Insurance or grant material collision lst fact or by in Cir. motion we plaintiff' s out or use any insured. the time, at not to is produce of a entitled to find matter. 77 the of in Olvera that So. 3d use the McQuirter judgment against claims injury the issued by Endurance American and bars coverage for bodily arising summary named existence Therefore, is general the failed was Marcelo 9/ 14/ 11), for is by the by Specialty maintenance, mover policy this Company, bodily automobile that 2021 applicability who operated establish law. the damage operated App. to 1, commercial Plaintiff Company applies property the the policy. of in exclusion automobile operating the the ownership, or JJ. filed American for coverage owned sufficient of as automobile in Insurance Olvera, the of auto any insured support genuine 0188 ( of Olvera, named out arising entrustment Marcelo BURRIS,' judgment proving in its contained to excludes policy damage of District February s Endurance burden exclusion issued policy The its AND summary Specialty defendant, met automobile insured. American court' for motion Company, Judicial 159979. HESTER, district the that Company, liability we find 21st No. THERIOT, The denied We Livingston, McCLENDON, Endurance reversed. or of Insurance Specialty supervisory writs, GRANTED. which defendant, the for Parish GUIDRY, judgment of American Endurance v. underlying 2011- Accordingly, filed by defendant, the Rotolo, 83. 76, of defendant Endurance and American Specialty Insurance Company. PMC MRT CHH WJB find, general dissents J., Guidry, I based Insurance driver the of capacity. Judge and would deny the Declarations writ of page liability policy issued by defendant, Specialty 1 the upon vehicle, does He William appointment of Company, J. the was not Burris, Louisiana that not a defendant, named qualify retired, Supreme as serving Court. commercial Endurance Marcelo insured an application. the in his insured pro tempore American Olvera, the individual under by the special STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT 2021 NO. CW PAGE Description that limited Olvera policy individual Section in if he even individual spouse would business be of in submitted was capacity II, his he an " As not the Declarations would have insured he but was connection sole the with named page, to I for motion a as respect owner. II he the find the the in his under insured and his conduct the judgment summary clearly indicates that Marcelo Olvera was not the business. Section II of the policy further provides that owner his named joint only insured venture to " duties for officer Accordingly, does not was this liability or not and The in acting at than his the with capacity extends to indicates as of if partnership, respect evidence time a coverage company," directors directors. business other of an the their that executive accident. having found that Olvera in his individual capacity qualify an as insured relied upon by defendant, is organization officers" officers Olvera an " limited or executive as Marcelo is of evidence sole the a or of Further, page. Declarations only with the driving insured named qualified capacity in the which a venture Section under 2 including partnership, an individual qualify listed as 0365 OF indicated which organization, joint a company)." also does not because a including not Declarations, was liability vehicle, in the business" of but corporation ( in Business of form the " 2 not under Endurance applicable, the the exclusion Specialty Insurance policy, American and therefore its motion for summary judgment was properly denied by the trial court. Company, COURT OF APPEAL, A-V) LJTY FOR FIRST CIRCUIT OF RT 1 CLERK THE C COURT
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