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ARROW TRUCKING CO. v. CONTINENTAL INS. CO.

Nos. 83 CA 0696, 83 CA 0697.

452 So.2d 217 (1984)

ARROW TRUCKING COMPANY v. CONTINENTAL INSURANCE COMPANY. Phillip R. O'CONNOR, Director of Insurance For the State of Illinois, as Liquidator of Reserve Insurance Company v. CONTINENTAL INSURANCE COMPANY.

Court of Appeal of Louisiana, First Circuit.

Rehearing Denied June 29, 1984.

Attorney(s) appearing for the Case

Corrine Morrision, New Orleans, for plaintiff-appellee Philip R. O'Conner, Director of Ins. for the State of Ill., as liquidator of Reserve Ins. Co.

Charles Schutte, Jr., Baton Rouge, for intervenor-appellee Louisiana Ins. Guar. Ass'n.

Neil H. Mixon, Baton Rouge, for third party defendant-appellee North American Reinsurance Corp.

David W. Robinson, Baton Rouge, for defendant-plaintiff in recon. appellee The Continental Ins. Co.

Horace C. Lane, Baton Rouge, for intervenor, third party plaintiff-appellant Arrow Trucking Co.

Before COVINGTON, COLE and SAVOIE, JJ.

COLE, Justice.

The issue in this case is whether or not an insured has a right of action against a reinsurance company for proceeds due under a policy of reinsurance.

The facts giving rise to this procedurally complicated case are as follows. An automobile accident occurred in 1974 wherein an employee of Arrow Trucking Company, driving a tractor-trailer rig, collided with a pick-up truck driven by Jimmy Este. Este was killed and his passenger, Roy Case, was...

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