McMILLIAN v. COATING SPECIALISTS, INC.

Civ. A. No. 75-3250.

427 F.Supp. 54 (1976)

James I. McMILLIAN, Plaintiff, v. COATING SPECIALISTS, INC., et al., Defendants.

United States District Court, E. D. Louisiana.

November 17, 1976.


Attorney(s) appearing for the Case

Roger H. Fellom, New Orleans, La., for plaintiff.

Terriberry, Carroll, Yancey & Farrell, John A. Bolles, New Orleans, La., for Steamship Mut. Underwriting Ass'n Ltd.

Porteous, Toledano, Hainkel & Johnson, James L. Donovan, New Orleans, La., for Transamerica Ins. Co.

Deutsch, Kerrigan & Stiles, Christopher Tompkins, New Orleans, La., for Ins. Co. of N. A.

Sessions, Fishman, Rosenson, Snellings & Boisfontaine, Edward P. Lobman, New Orleans, La., for North River Ins. Co. and Westchester Fire Ins. Co.

Beard, Blue, Scmitt & Mathes, Robert M. Johnston, and Christovich & Kearney, Lawrence J. Ernst, New Orleans, La., for Pulmosan Safety Equipment Corp.

Hammett, Leake, Hammett, Hulse & Nelson, Craig R. Nelson, New Orleans, La., for Commercial and Clemco.

Drury, Lozes & Curry, Felicien P. Lozes, New Orleans, La., for Commercial Union Co., Employers Liability Assur., and Northern Assur. Co.

Adams & Reese, Robert A. Vosbein, Trial Atty., New Orleans, La., for Market Ins. Co.

Eugene J. Gomes, Jr., New Orleans, La., for Continental Casualty.

Chaffe, McCall, Phillips, Toler & Sarpy, Robert B. Deane, Trial Atty., New Orleans, La., for Underwriters at Lloyd's and Harbor Ins. Co.

Jones, Walker, Waechter, Poitevant, Carrere & Denegre, Fred E. Salley, John H. Stibbs, Jr., New Orleans, La., for Mission Ins. Co.

Charles R. Capdeville, New Orleans, La., for Coating Specialists.


ALVIN B. RUBIN, District Judge.

A Jones Act seaman1 contracted silicosis during the course of his employment as a sandblaster over a period of 5 years by the same employer. His employer changed insurers several times during the plaintiff's employment. One group of policies contains identical language, extending coverage "only to injury . . . by disease caused or aggravated by exposure of which the last day of the last exposure,...

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