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PEAVEY CO. v. M/V ANPA

No. 91-3827.

971 F.2d 1168 (1992)

PEAVEY COMPANY, Plaintiff, v. M/V ANPA, in rem, et al., Defendants. DEGESCH AMERICA, INC., Defendant in Cross Claim — Appellee Plaintiff in Counter Claim, v. ZURICH INSURANCE COMPANY, Plaintiff in Cross Claim — Appellant Defendant in Counter Claim.

United States Court of Appeals, Fifth Circuit.

September 14, 1992.

Attorney(s) appearing for the Case

Thomas L. Gaudry, Jr., Frederick H. Dwyer, Windhorst, Gaudry, Talley & Ranson, Harvey, La., for Zurich Ins. Co.

Ralph E. Smith, New Orleans, La., for Degesch America, Inc.

Before BROWN, KING and WIENER, Circuit Judges.

JOHN R. BROWN, Circuit Judge:

Where We Are Now

Zurich Insurance Co. appeals a judgment in favor of Degesch America, Inc. for failure of Degesch, the insured, to furnish timely notice of the occurrence. 773 F.Supp. 832. Applying Louisiana law, we agree with the District Court that Zurich was not prejudiced by Degesch's untimely notice of its claim and, alternatively, that Zurich has waived its right to raise any...

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