COMMERCIAL UNION INS. CO. v. MAISE

No. 7720.

340 So.2d 684 (1976)

COMMERCIAL UNION INSURANCE COMPANY v. Roubin J. MAISE et al.

Court of Appeal of Louisiana, Fourth Circuit.

Rehearing Denied January 12, 1977.

Writ Refused March 16, 1977.


Attorney(s) appearing for the Case

John Dale Powers, Gerald E. Songy, Sanders, Miller, Downing & Kean, Baton Rouge, for Louisiana National Leasing Corp.

Harry C. Stumpf, Knight, D'Angelo & Knight, Gretna, for Guaranty Bank and Trust Co.

Before REDMANN, LEMMON and SCHOTT, JJ.


REDMANN, Judge.

One loss payee on a vessel-and-equipment insurance policy appeals from a judgment which awarded the entire $16,000 policy proceeds to another in this concursus brought by the assurer after a constructive total loss. We amend to award to appellant a share proportionate to its insurable interest.

The question is one of contract law. The policy provides, with no explanation or limitation, "loss payable to" three named persons (the assured owner...

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