BODDEN v. TEXAS MARINE UNDERWRITERS AGENCY, INC.

Civ. A. Nos. 89-2300, 88-1736.

785 F.Supp. 77 (1991)

Cleve Allen BODDEN, et al. v. TEXAS MARINE UNDERWRITERS AGENCY, INC., et al.

United States District Court, E.D. Louisiana.

February 28, 1991.


Attorney(s) appearing for the Case

Harvey J. Lewis, Lewis & Kullman, New Orleans, La., for Cleve Allen Bodden, et al.

Donald L. King, Jones, Walker, Waechter, Poitevent, Carrere & Denegre, New Orleans, La., for Mutual Marine Office, Inc., New York Marine Managers, Inc., Progressive Cas. Ins. Co., Reinsurance Corp. of New York, Colonial Ins. Co., Republic Ins. Co., United Reinsurance Corp. of New York, Pennsylvania Lumbermens Mut. Ins. Co., and Northeastern Ins. Co.

Gerard T. Gelpi, Brian L. Thompson, Gelpi, Sullivan, Carroll & Laborde, New Orleans, La., for Texas Marine Underwriters Agency, Inc., Houston Cas. Co., La Reunion Francaise, and Underwriters at Lloyd's.

James F. Shuey, Lemle & Kelleher, New Orleans, La., for Certain Excess P & I Underwriters at Lloyd's London.


ORDER AND REASONS

MENTZ, District Judge.

Before the Court is the motion of Certain Underwriters at Lloyd's, et al, collectively referred to as "Excess Underwriters," to reconsider the Court's January 22, 1991 Minute Entry denying their motion to dismiss the plaintiffs' direct action claim against them. After reviewing the motion, memoranda of counsel, the record and the law, the Court grants the motion for the reasons set forth below.

In the January...

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