Bouton ex rel. Bouton v. State, Department of Transportation & Development

Granted. Although the court of appeal found the trial court determined the insurer’s duty to defend based on the allegations of relator’s third-party demand, the trial court’s reasons for judgment indicate it relied on the allegations of both plaintiffs’ petition and the third party demand. Because it is unclear whether the trial court could have concluded the insurer had a duty to defend relator based on the allegations of plaintiffs’ petition alone, we will remand the case to the trial court to clarify its ruling. See Steptore v. Masco Construction Company, Inc., 93-2064 (La.8/1894), 643…