MICHEL v. RYAN

No. 7056.

373 So.2d 985 (1979)

Elmore MICHEL, Plaintiff-Appellee, v. W. A. RYAN, Jr., et al., Defendants-Appellants.

Court of Appeal of Louisiana, Third Circuit.

Writ Refused October 8, 1979.


Attorney(s) appearing for the Case

Stafford, Trimble, Randow & Smith, James T. Trimble, Jr., Alexandria, for defendants-appellants.

Ledbetter, Percy & Stubbs, W. Ross Foote, Alexandria, Harold J. Brouillette, Marksville, for plaintiff-appellee.

Dale, Owen, Richardson, Taylor & Matthews, Daniel R. Atkinson, Baton Rouge, for defendant-appellee.

Before DOMENGEAUX, GUIDRY and CUTRER, JJ.


CUTRER, Judge.

This appeal presents the single issue of whether, under the pleadings, stipulations of counsel and the policy issued by New York Underwriters Insurance Company (New York) to William A. Ryan, d/b/a W. A. Ryan Steel Products Company (Ryan), there is a duty on New York to provide a defense for Ryan.

On September 10, 1976, Elmore Michel was injured when an auger fell upon him as he was transferring grain into his barn. This litigation was instituted...

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