LOUISIANA & SO. LIFE INS. CO. v. NEW ORLEANS S. S.

No. 11082.

384 So.2d 594 (1980)

LOUISIANA AND SOUTHERN LIFE INSURANCE COMPANY v. The Trustees under the Terms of the NEW ORLEANS STEAMSHIP ASSOCIATION, INTERNATIONAL LONGSHOREMEN'S ASSOCIATION (AF OF L-CIO) WELFARE PLAN et al.

Court of Appeal of Louisiana, Fourth Circuit.

May 13, 1980.


Attorney(s) appearing for the Case

Jones, Walker, Waechter, Poitevent, Carrere & Denegre, Samuel O. Buckley, III, New Orleans, for plaintiff-appellant.

Phelps, Dunbar, Marks, Claverie & Sims, Eugene R. Preaus and Virginia N. Roddy, New Orleans, for defendant-appellee, Fidelity & Deposit Company of Maryland.

Before SAMUEL, REDMANN and SARTAIN, JJ.


SARTAIN, Judge.

The plaintiff, Louisiana and Southern Life Insurance Company, appeals from a judgment of the district court which dismissed its suit insofar as it pertained to Fidelity and Deposit Company of Maryland following the latter's exception of no right of action. Plaintiff alternatively contends that the trial judge also erred in failing to permit it to amend its petition so as to set forth a cause of action under the theory of unjust enrichment. We affirm...

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