Legal Opinion · Concurring in part, dissenting in part

Johnson v. Orleans Parish School Board

Louisiana Court of Appeal

Decided December 20, 2011No. 2010-CA-1388Published

1Concurring in part, dissenting in partMcKAY, J.

|,I concur with the majority opinion in so far as it concerns National Union and Republic. However, I respectfully dissent and would affirm the trial court’s granting of summary judgment in favor of the plaintiffs and against U.S. Fire.

The majority is correct that the U.S. Fire policy unambiguously provided personal injury liability (PIL) coverage without limitation. The policy at issue in this case is a form contract drafted by U.S. Fire and it lacks an explicit aggregate cap for PIL coverage. Insurers are free to limit their coverage but their limitations must be clear and explicit.

It has…

2Cases cited5 opinions

  1. Peterson v. SchimekSupreme Court of Louisiana · 1999
  2. Robinson v. HeardSupreme Court of Louisiana · 2002
  3. Carney v. American Fire & Indem. Co.Supreme Court of Louisiana · 1979
  4. American Deposit Ins. Co. v. MylesSupreme Court of Louisiana · 2001
  5. Pinell v. Patterson Services, Inc.Supreme Court of Louisiana · 1986

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