LANDRY v. TRAVELERS INDEM. CO.

No. 89-4231.

890 F.2d 770 (1989)

Yancy John LANDRY, Plaintiff-Appellant, v. TRAVELERS INDEMNITY CO., et al., Defendants, Insurance Company of North America, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

December 19, 1989.


Attorney(s) appearing for the Case

John E. Conery, Franklin, La., Cameron B. Simmons, Jeanerette, La., for plaintiff-appellant.

Michael J. Maginnis, McGlinchey, Stafford, Mintz, Cellini & Lang, New Orleans, La., for Ins. Co. of N. America.

Before GARZA, WILLIAMS, and DAVIS, Circuit Judges.


GARZA, Circuit Judge:

Finding the insurance policy was written and delivered in Texas and that the accident occurred in the territorial waters of Texas, the district court properly granted summary judgment for the appellee on the basis that the Louisiana Direct Action Statute did not apply to this scenario and that the narrow concept of "constructive delivery" could not be utilized to allow application of the statute.

I. How It All Began

The appellant...

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