Preview:

SUPREME COURT OF LOUISIANA No. 98-C-1712 AMBROSE PETERSON versus ROBERT A. SCHIMEK, M.D. and LAFAYETTE INSURANCE COMPANY ******************** ON WRIT OF CERTIORARI TO THE COURT OF APPEAL, FOURTH CIRCUIT, PARISH OF ORLEANS ********************
KNOLL, JUSTICE* Lafayette Insurance Co. (hereafter "Lafayette") seeks relief from the granting of a motion for summary judgment finding that Lafayette's commercial liability insurance policy issued to Dr. Robert Schimek (hereafter "Dr. Schimek") provided $1,000,000 coverage for Ambrose Peterson's (hereafter "Peterson") claims on the alleged bodily injuries which gave rise to this case. The Fourth Circuit Court of Appeal affirmed the judgment in full, finding that Dr. Schimek was covered under the policy because Peterson's claim was for bodily injuries he allegedly sustained on a date the policy was in effect, at a business located in the United States of America of which Dr. Schimek was the sole owner. We affirm, concluding that under the clear and unambiguous language of the policy, the commercial liability insurance contract provides coverage to Dr. Schimek. FACTS Dr. Schimek, an ophthalmologist with offices in New Orleans and Metairie, Louisiana, is the owner of rental property located at 2533 River Road in Metairie. Peterson was the lessee of this property. On September 9, 1994, while Peterson was walking down the stairway of the leased premises, he was allegedly injured when he grabbed the handrail that broke, causing him to fall and suffer bodily injuries. Subsequently, Peterson filed a petition for damages for his alleged injuries. On the date of the accident, Lafayette had two liability insurance policies in effect in favor of Dr. Schimek. The first policy, Lafayette Dwelling Policy No. 73-710 543 (hereafter the "Dwelling Policy"), contained a "Landlord Premises Liability Endorsement" providing $100,000 maximum
*

Kimball, J., not on panel. See Rule IV, Part 2,

Download 98-C-1712 AMBROSE PETERSON v. ROBERT A. SCHIMEK, M.D. AND LAFAYETTE INSURANCE CO

Louisiana Law