INSURANCE CO. OF NO. AMER. v. BINNINGS CONST. CO., INC.

No. 5985.

288 So.2d 359 (1974)

INSURANCE COMPANY OF NORTH AMERICA v. BINNINGS CONSTRUCTION COMPANY, INC. and Binnings Equipment Company, Inc.

Court of Appeal of Louisiana, Fourth Circuit.

January 8, 1974.


Attorney(s) appearing for the Case

William S. Penick, New Orleans (Lemle, Kelleher, Kohlmeyer, Matthews & Schumacher), New Orleans, for plaintiff-appellant.

John F. Caraway (Bryan & Caraway), New Orleans, for defendants-appellees.

Before REDMANN and STOULIG, JJ., and FLEMING, J. Pro Tem.


REDMANN, Judge.

This appeal by plaintiff insurer and answer to appeal by defendant insureds argue questions of the proper determination of retrospectively calculated insurance premiums.

The parties agree that the basic issues are (1) whether settlement payments over $1,000 were properly excluded by the trial court from the calculation (a) because of the insurer's breach of an alleged oral agreement to "consult" with insureds on settlements of that size or...

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