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Lecompte v. Lafayette Insurance Co.9/28/2001
ises were "rented almost exclusively until the time of the loss... ." We further noted that the Newmans "either rented or held for rental the insured premises during a continuous fifteen-month period, which included the time when the accident occurred." The business pursuits exclusion was deemed applicable.
Thereafter, the Louisiana Supreme Court observed: "The court of appeal, noting that Newman had rented the property 11 of the 15 months after his father moved out, concluded that Newman had rented or held the property for rental continuously, and not just occasionally ... ." (underlining supplied). Blue Ridge Insurance Company v. Newman, 453 So.2d 554, 556 (La. 1984). The supreme court, however, rendered its decision to reverse in part on other grounds.
In the instant case, Mr. Sawyer's uninterrupted rental of his premises to Ms. Billiot for an approximately twelve-month period immediately after the termination of a prior rental does not conform to the characteristics describing "occasional" established in Webster's New International Dictionary, i.e., "occurring now and then," "casual," "incidental," or "occurring at irregular intervals; infrequent."
I would reverse the trial court grant in favor of Jana and Baron Lecompte and Walter Sawyer. Finding the exclusionary provision applicable, I would grant summary judgment in favor of Lafayette.
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