Jeffrey Farshad v. Certain Underwriters at Lloyd's, London

Summary

The Louisiana Fourth Circuit Court of Appeal denied a writ application seeking review of the denial of an insurer’s motion for summary judgment. The court held that whether the insured resided at the property under a policy covering the insured’s “residence premises” presented a genuine issue of material fact because the policy did not define “reside” and the insured testified that he intended to return to the property. The court concluded that residency was a fact-finder determination at trial.

Holdings

1. Because the policy did not explicitly define "reside" and Farshad presented evidence of his intent to retain the property as his residence and return to it, whether the property qualified as his residence was a genuine issue of material fact for the fact-finder.

Questions Presented

1. Whether the absence of an express policy definition for "reside," together with Farshad's testimony regarding his intent and the undisputed circumstances, created a genuine issue of material fact concerning whether the property was his residence premises.
2. Whether Certain Underwriters was entitled to summary judgment declaring a lack of insurance coverage.

Disposition

writ_denied