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CRIST v. DICKSON WELDING, INC.

No. 90-3448.

957 F.2d 1281 (1992)

Lewis R. CRIST, Director, Division of Insurance, Department of Economic Development, State of Missouri, Acting as a Domiciliary Receiver of Transit Casualty Company in Liquidation, Plaintiff-Appellant, v. DICKSON WELDING, INC., et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied May 11, 1992.

Attorney(s) appearing for the Case

Andrew S. DeKlerk, Kent B. Ryan, Lemele & Kelleher, New Orleans, La., for plaintiff-appellant.

John C. Combe, Jr., James E. Wright, Edith Brown Clement, Patrick H. Patrick, New Orleans, La., for Alexander & Alexander.

Walter W. Christy, Sidney F. Lewis, Kullman & Inman, New Orleans, La., for Dickson Welding, Inc.

Before REYNALDO G. GARZA, GARWOOD, and DUHÉ, Circuit Judges.

DUHÉ, Circuit Judge:

Plaintiff brought this diversity suit as receiver for an insolvent insurance carrier, Transit Casualty Company, against a Transit insured, Dickson Welding, Inc., for additional premiums allegedly earned under two policies. Dickson Welding denied that more premiums were due, asserting several defenses and, alternatively, impleaded its broker, Alexander & Alexander ("A & A"). The jury found Transit barred from recovering additional...

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