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WEAVER v. KITCHENS

No. 89-CA-538.

556 So.2d 120 (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.

January 17, 1990.

Attorney(s) appearing for the Case

Peter L. Hilbert, Jr., Jose R. Cot, New Orleans, for third party defendant-appellee.

G. Bruce Parkerson, New Orleans, for defendant-appellant.

Before KLIEBERT, DUFRESNE and WICKER, JJ.

DUFRESNE, Judge.

This appeal questions the extent of the excess insurer's liability in view of the primary insurer's insolvency. The assured, City of Gretna (City) and Louisiana Insurance Guaranty Association (LIGA), challenge the summary judgment dismissal of the third-party excess liability carrier, Granite State Insurance Company (Granite State). Because we find that Granite State was not entitled to dismissal as a matter...

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