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LOR, INC. v. COWLEY

No. 93-3658.

28 F.3d 19 (1994)

LOR, INC., Plaintiff-Appellant, v. Seumas Iain COWLEY, as representative of those certain Underwriters at Lloyd's, London, et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied August 22, 1994.

Attorney(s) appearing for the Case

Lowell S. Fine, Kevin S. Green, Alembik, Fine and Callner, Atlanta, GA, Henri Wolbrette, III, Margaret W. Triebes, McGlinchey Stafford Lang, L.C., New Orleans, LA, for plaintiff-appellant.

James H. Roussel, Stephanie G. McShane, Phelps Dunbar, New Orleans, LA, for defendants-appellees.

Before JOHNSON, BARKSDALE, and DeMOSS, Circuit Judges.

RHESA HAWKINS BARKSDALE, Circuit Judge:

At issue is whether the punitive damages exclusion in the policy by certain Underwriters at Lloyd's precludes coverage for their insured, Lor, Inc., for its liability under the Alabama Wrongful Death Act, for which the only recoverable damages have been judicially interpreted to be punitive. Because those damages are not punitive as that term is generally understood, the exclusion is not applicable. We REVERSE and RENDER.

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