STEPTORE v. MASCO CONST. CO., INC.

No. 93-C-2064.

643 So.2d 1213 (1994)

Cornell STEPTORE, Sr. v. MASCO CONSTRUCTION CO., INC., Ocean Marine Indemnity Co., and Underwriters at Lloyds.

Supreme Court of Louisiana.

Concurring Opinion August 24, 1994.

Opinion Denying Rehearing September 30, 1994.


Attorney(s) appearing for the Case

Gary Paul Koederitz, Luther F. Cole, George Ann Hayne Graugnard, Philip Bohrer, Koedertiz & Bohrer, Baton Rouge, Michael Joseph Kincade, Bailey, Rossi & Kincade, Metairie; and R.A. Redwine, Sessions & Fishman, New Orleans, for applicant.

Robert Collin Evans, Mark Fierro, Michael W. Mallory, Evans & Company; and Michael Leever McAlpine and J. Clayton Davie, Jr., McAlpine, Peuler, Cozad & Davie, New Orleans, for respondent.


Concurring Opinion by Justice Ortique August 24, 1994.

DENNIS, Justice.*

We granted certiorari to consider, inter alia, whether the liability insurer in this case waived its right to deny coverage based on its insured's violation of a warranty as to the location of the insured's barge because the insurer, with knowledge of facts indicating noncoverage, voluntarily assumed and continued the insured's defense without obtaining a...

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