BENDANA v. MID CONTINENT UNDERWRITERS, INC.

No. 8343.

351 So.2d 180 (1977)

Orlando G. BENDANA v. MID CONTINENT UNDERWRITERS, INC. and Seguros America Banamex, S.A.

Court of Appeal of Louisiana, Fourth Circuit.

Rehearing Denied November 10, 1977.


Attorney(s) appearing for the Case

Dufour, Levy, Marx, Lucas & Osborne, Michael Osborne, New Orleans, for plaintiff-appellant.

Donald V. Organ, Roger J. Larue, Jr., New Orleans, for defendants-appellees.

Before LEMMON, GULOTTA and BEER, JJ.


GULOTTA, Judge.

Plaintiff appeals from a judgment dismissing his claim for benefits under a policy of fire insurance. We affirm. The sole issue on appeal is whether a condition in the policy restricting coverage is applicable to relieve the insurer of liability for the fire loss of plaintiff's real property. The pertinent clause of the policy provides:

"Conditions suspending or restricting insurance. Unless otherwise provided in writing added hereto the Insurers...

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