FERRARA v. STRAIN

No. 86-CA-267.

497 So.2d 1077 (1986)

Marilyn H. FERRARA, Individually and as Natural Tutrix of Her Minor Daughter, Carolyn Ann Ferrara v. R.H. STRAIN, Individually and as Administrator of the Estate of His Minor Son, William F. Strain, ABC Insurance Company, Utica Mutual Insurance Company, Superior Pontiac GMC, Inc. d/b/a Superior Honda, and DEF Insurance Company.

Court of Appeal of Louisiana, Fifth Circuit.

Rehearing Denied December 17, 1986.

Writ Denied February 6, 1987.


Attorney(s) appearing for the Case

Robert E. Kerrigan, Jr. David P. Gontar, Deutsch, Kerrigan & Stiles, New Orleans, for appellants.

Robert M. Johnston, Johnston & Duplass, New Orleans, for appellees.

Before BOWES, GAUDIN and GRISBAUM, JJ.


GRISBAUM, Judge.

This appeal arises out of an indemnification dispute. We set aside the judgment of the trial court.

The procedural history shows that, after a settlement with its insured, the liability carrier (Hanover Insurance Company-appellee) on the one hand and its agent (the Edwards Agency, Inc.-appellant) and its errors and omissions carrier (Utica Mutual Insurance Company-appellant) on the other hand dispute who must indemnify whom for...

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