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GAYLE v. COMMERCIAL UNION ASSUR. CO.

No. 13852.

398 So.2d 604 (1981)

Lawson GAYLE v. COMMERCIAL UNION ASSURANCE COMPANY.

Court of Appeal of Louisiana, First Circuit.

Writ Denied June 5, 1981.

Attorney(s) appearing for the Case

Patrick W. Pendley, Plaquemine, for plaintiff-appellant Lawson Gayle.

John Engelsman, Baker, for defendant-appellee James Cox.

Before LOTTINGER, EDWARDS, PONDER, LEAR and WATKINS, JJ.

LOTTINGER, Judge.

This concursus proceeding1 presents an issue which has not been addressed in Louisiana jurisprudence: If fire destroys a building which is leased by a lessee with an option to purchase and if the option to purchase is not exercised before the fire, who, between the lessor and lessee, is entitled to the fire insurance proceeds?

James P. Cox and L. J. Harding leased a certain tract of land with a building thereon...

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