BRITTEN v. REAVIS

No. 86-760.

503 So.2d 1149 (1987)

John Keith BRITTEN, et al., Plaintiffs, v. Roy REAVIS, Sunrise Industries, Inc., Floyd A. Hurt, Rodco Worldwide, and Penn-America Insurance Company, Defendants and Third-Party Plaintiffs-Appellants, v. A.I. CREDIT CORPORATION, Third-Party Defendant-Appellee.

Court of Appeal of Louisiana, Third Circuit.

Rehearing Denied March 31, 1987.

Writ Denied May 29, 1987.


Attorney(s) appearing for the Case

Richard A. Chopin and Thomas M. Richard, Baton Rouge, for Reavis, et al.

Beard and Artigue, Caliste Beard, Jr. and Michael Artigue, Lafayette, for Britten.

Leo J. Lahey, Lafayette, for Guilliot, Skinner, etc., Paul J. Guilliot, Lafayette, Camp, Carmouche, Gregg L. Spyrido and Donald Hoffman, New Orleans, for A.I. Credit Corp.

Before DOUCET and YELVERTON, JJ., and CULPEPPER, J. Ad Hoc.


YELVERTON, Judge.

The sole issue raised by this appeal is whether the trial court erred in granting Penn-America Insurance Company's motion for summary judgment by finding from the undisputed facts that a policy of insurance was not in effect on January 6, 1984. We find error; we reverse the summary judgment; and we remand for further proceedings.

The essential facts are as follows. The policy, called a "Business Auto Policy", was written by Penn-America Insurance...

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