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NATIONAL UNION FIRE INS. CO. v. SPILLARS

No. 20,752-CA.

552 So.2d 627 (1989)

NATIONAL UNION FIRE INSURANCE COMPANY OF PENNSYLVANIA, Appellee, v. Kenneth W. SPILLARS, Johnny Hodge dba Hodge Auto Supply and Crow-Burlingame Company, Appellants.

Court of Appeal of Louisiana, Second Circuit.

Writs Denied January 12, 1990.

Attorney(s) appearing for the Case

Theus, Grisham, Davis & Leigh by David H. Nelson and Brian Crawford, Monroe, for appellee/Nat. Union Fire Ins. Co.

Davenport, Files & Kelly by Thomas W. Davenport, Jr., Monroe, for appellant/Kenneth W. Spillars.

Barnes, Jefferson, Robertson & Green by Stephen A. Jefferson, Monroe, for appellant/Johnny Hodge.

Shotwell, Brown & Sperry by Marshall T. Napper, Monroe, for appellee/Crow-Burlingame Co.

Before HALL, MARVIN and NORRIS, JJ.

NORRIS, Judge.

This is a suit by an insurance company to recover from the alleged tortfeasors the proceeds it paid on a policy against embezzlement. The insured, Wickes Co. d/b/a Howard Brothers Discount ("Howard"), absorbed the first $50,000 of the loss and assigned its rights to the plaintiff, National Union Fire Ins. Co., who sued for the entire loss, $98,841.57. The trial court overruled exceptions of prescription and...

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