Opinion
No. 96-C-1093
June 21, 1995 Rehearing Denied September 3, 1996.
IN RE: Gills, Larry Sr.; — Plaintiff(s); Applying for Writ of Certiorari and/or Review; to the Court of Appeal, Fourth Circuit, Number 95CA-2351; Parish of Orleans Civil District Court Div. "K" Number 93-10168
Writ granted. See per curiam.
BJJ
PFC
WFM
HTL
CDK
WATSON, J. would deny the writ.
VICTORY, J. not on panel. Rule IV, Part 2, Section 3.
BLEICH, J. dissents.
ON WRIT OF CERTIORARI TO THE COURT OF APPEAL, FOURTH CIRCUIT, PARISH OF ORLEANS, STATE OF LOUISIANA
Writ granted. A genuine issue of material fact exists regarding whether the insured intended to injure or kill the victim. Therefore, summary judgment was improperly granted. Accordingly, summary judgment in favor of Allstate Insurance Company in hereby vacated and set aside. This case is remanded to the district court for further proceedings.
WATSON, J., would deny the writ.
BLEICH, J., dissents.