LEMAIRE v. CONTINENTAL CASUALTY COMPANY

No. 4294.

284 So.2d 102 (1973)

Exavier LEMAIRE, Tutor, and Steven Vincent, Administrator, Plaintiff-Appellant, v. CONTINENTAL CASUALTY COMPANY, Defendant-Appellee.

Court of Appeal of Louisiana, Third Circuit.

Rehearing Denied November 2, 1973.

Writ Refused January 4, 1974.


Attorney(s) appearing for the Case

Piccione & Piccione by Peter C. Piccione, Lafayette, for plaintiff-appellant.

Davidson, Meaux, Onebane & Donohoe by L. Lane Roy, Lafayette, for defendant-appellee.

Before FRUGÉ, SAVOY and DOMENGEAUX, JJ.


SAVOY, Judge.

This suit was instituted by the heirs of Joseph Percy Lemaire, deceased, against defendant, to recover on a policy issued to Joseph during his lifetime. Defendant filed a motion for summary judgment which was overruled, and it then filed an answer denying coverage. After a trial on the merits, the district judge held that there was no coverage under the policy and dismissed plaintiff's suit. They appealed.

The parties stipulated as to the facts...

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