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RELIANCE INS. CO. v. BARNARD & BURK, INC.

Nos. 82 CA 0433, 82 CA 0434.

428 So.2d 1097 (1983)

RELIANCE INSURANCE COMPANY, et al. v. BARNARD & BURK, INC., et al. FIREMAN'S FUND INSURANCE COMPANY v. RELIANCE INSURANCE COMPANY.

Court of Appeal of Louisiana, First Circuit.

Writ Denied April 15, 1983.

Attorney(s) appearing for the Case

Peter T. Dazzio, Baton Rouge, for plaintiffs-appellees Reliance Ins. Co. and Rubicon Chemicals, Inc.

Boris Navratil, Dorothy Dubroc Thomas, Jay G. McMains, Baton Rouge, for defendants-appellants Barnard & Burk, Inc., Plant Services Const. Div. and Fireman's Fund Ins. Co.

Before LOTTINGER, COLE and CARTER, JJ.

CARTER, Judge.

This is an appeal by Barnard & Burk, Inc. and Fireman's Fund Insurance Company from a partial summary judgment in favor of Reliance Insurance Company (insurer of Rubicon Chemicals, Inc.). The issue is whether an indemnity provision in the contract between Rubicon Chemicals, Inc. and Barnard & Burk, Inc. is applicable and enforceable in the instant case.

On January 29, 1974, a release of phosgene gas occurred at the Geismar, Louisiana...

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