TATE v. CHARLES AGUILLARD INS. & REAL EST.

No. 86-C-2316.

508 So.2d 1371 (1987)

Richard TATE, M.D. v. CHARLES AGUILLARD INSURANCE & REAL ESTATE, INC., et al.

Supreme Court of Louisiana.

June 22, 1987.


Attorney(s) appearing for the Case

Jeffery M. Bassett, Morrow & Morrow, Opelousas, for appellant-plaintiff.

James C. Lopez, H. Douglas Hunter, Guglielmo, Lopez & Tuttle, Jerry J. Falgoust, Brinkhaus, Dauzat & Falgoust, Opelousas, John Nickerson Chappuis, John P. Wolff, III, Voorhies & Labbe, Lafayette, for appellee-defendant.


DENNIS, Justice.

We granted certiorari to consider whether the insurer of an animal under a livestock mortality insurance policy may tacitly waive a condition precedent that the animal must be in sound health at the inception of the policy. After a trial by jury, verdicts were rendered in favor of the owner of a deceased thoroughbred stallion against a livestock mortality insurer, as well as the owner's local insurance agent and foreign broker. On appeal, the court...

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