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Herzog Contracting Corp. v. Oliver

12/19/2001

So.2d 482; Gleason v. State Farm Mut. Auto Ins. Co., 27,297 (La. App. 2d Cir. 08/23/95), 660 So.2d 137, writ denied, 95-2358 (La. 12/15/95), 664 So.2d 454. The duty to defend is determined by the allegations of the plaintiff's petition, with the insurer being obligated to furnish a defense unless the petition unambiguously excluded coverage. Id.


We conclude that the trial court correctly determined that coverage was unambiguously excluded under the terms of the policy and the defendants had no duty to defend GTL. Accordingly, the trial court's grant of defendants' motion for summary judgment is affirmed.


Conclusion


For the reasons set forth above, the judgment of the trial court is affirmed.


Costs are assessed to appellants, Herzog and GTL.






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