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WEAVER v. KITCHENS

No. 89-CA-538.

570 So.2d 508 (1990)

Peggy O. WEAVER v. Victor D. KITCHENS, Rollins, Inc., Continental Insurance Co., the City of Gretna and the Transit Casualty Co.

Court of Appeal of Louisiana, Fifth Circuit.

Writ Denied January 18, 1991.

Attorney(s) appearing for the Case

Lee Martiny, Mark N. Caracci, Metairie, for plaintiff-appellee.

Joseph R. Ward, Jr., New Orleans, for defendant-appellee.

G. Bruce Parkerson, Texaco Center, New Orleans, W.J. LeBlanc, Jr., Gretna, for defendant-appellant.

Peter L. Hilbert, Jr., New Orleans, for third-party defendant.

Before KLIEBERT, DUFRESNE and WICKER, JJ.

DUFRESNE, Judge.

When the primary liability insurer becomes insolvent, what is the excess liability insurer's coverage obligation? Reconsideration of this question obliges us us to rank the insurance coverages available to the City of Gretna in this tort claim.

The City of Gretna was insured under a multi-peril policy issued by Transit Insurance Company, which afforded combined single-limit liability coverage of $500,000. The City also carried excess insurance...

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