CARGILL, INC. v. CEMENTATION COMPANY OF AMERICA, INC.

No. 82-CA-1084.

429 So.2d 210 (1983)

CARGILL, INC. v. The CEMENTATION COMPANY OF AMERICA, INC., et al.

Court of Appeal of Louisiana, First Circuit.

Rehearing Denied April 19, 1983.


Attorney(s) appearing for the Case

D. Mark Bienvenu and H. Lee Leonard, Voorhies & Labbé, Lafayette, for plaintiff.

Thomas J. Wyllie, Adams & Reese, New Orleans, for Commerce and Industry Ins. Co. of Canada, defendants and third-party plaintiffs.

Patrick A. Juneau, Jr., Voorhies & Labbé, Lafayette, for Hartford Ins. Co., Hartford Accident and Indemnity Co., Twin City Fire Ins. Co. and New York Underwriters, defendants.

David A. Hurlburt, Hurlburt & Fontenot, Lafayette, for G. Waycraft Milton, Ind. and as representative of Lloyds of London, def. and George Milton third-party plaintiff.

Gerald M. Dillon, Dillon, Cambre and Marshall, New Orleans, for Midland Ins. Co. defendant.

P.A. Bienvenu, Bienvenu, Foster, Ryan and O'Bannon, New Orleans, John E. Conery, Conery & Breaux, Franklin, for Cementation Co. of America, Inc., Royal Ins. Co. and Canadian Ind. Co., defendants.

Dermot McGlinchey, McGlinchey, Stafford, Mintz & Hoffman, New Orleans, for Gerling Global Gen. Ins. Co., defendant and third-party plaintiff.

Gerald Walter and Paul H. Spaht, Kantrow, Spaht, Weaver & Walter, Baton Rouge, for CNA Assurance Co., defendant.

Ellen J. Kerschner, Peterson, Ross, Schloerb & Seidel, Chicago, Ill., for third-party plaintiff, George Waycraft Milton, co-counsel with J. Winston Fontenot.

Ralph L. Kaskell, Jr., Deutsch, Kerrigan & Stiles, New Orleans, for Cementation Co. of America; Royal Ins. and Canadian Indm. Co., co-counsel with P.A. Bienvenu.

Before EDWARDS, WATKINS and SHORTESS, JJ.


EDWARDS, Judge.

Plaintiff, Cargill, Inc., filed suit for damages caused by the collapse of its salt mine. Among the defendants are The Cementation Company of America, Inc. and several insurers, including Gerling Global Insurance Company; Midland Insurance Company; Commerce and Industry Insurance Company of Canada; Lloyd's of London; and CNA Assurance Company.

All of the above insurers, except Gerling, sought a declaratory judgment as to the applicability of...

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