Huckaby v. Boustany

I respectfully disagree with the decision reached by the majority. I find that there is a genuine issue of material fact as to whether the land where the plaintiff fell is a part of the “premises,” or whether it is vacant unrented land. This issue of fact is material because the personal liability exclusions which State Farm relies on to deny coverage — exclusions 1(b) and (d) — both hinge upon the definition of “premises.” In other words, if the land is part of the “premises” it is not covered under the policy, but if it is vacant, unrented land, it would appear to be covered.

As there is no…