CRIST v. BENTON CASING SERVICE

No. CA 891070.

572 So.2d 99 (1990)

Lewis CRIST, Receiver for Transit Casualty Company v. BENTON CASING SERVICE.

Court of Appeal of Louisiana, First Circuit.

Rehearing Denied December 5, 1990.

Writ Denied January 31, 1991.


Attorney(s) appearing for the Case

William C. Rowe, Jr., Baton Rouge, for plaintiff and appellant, Transit Cas. Co.

Jerri Smitki, Houma, for defendant and appellee, Benton Casing Services.

James E. Wright, III, New Orleans, for Alexander & Alexander, Inc.

Before SAVOIE, CRAIN and FOIL, JJ.


FOIL, Judge.

In this appeal, we are asked to decide whether an insured may refuse to pay earned premiums on the basis that an insolvent insurance company placed in receivership breached the insurance contract by failing to defend and honor claims after the date of the declaration of insolvency. We hold that the receiver of the insolvent insurer is entitled to collect premiums earned prior to the date of insolvency from an insured, and reverse the action of the trial...

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