HISER v. RAJKI

No. 97 CW 2208.

700 So.2d 1302 (1997)

Jennifer HISER v. Sean RAJKI, James Kent Daigre, Jr., Barry Lewis Marks, Jr., Jean-Luc Cummins, Delta Chi Fraternity, Jeff J. Sczyepanski, Chris Braun and Jayson McCafferty.

Court of Appeal of Louisiana, First Circuit.

September 30, 1997.


Attorney(s) appearing for the Case

Thomas Hightower, Lafayette, Charles Wm. Roberts, Baton Rouge, for Assicurazioni Generali.

Leonard Cardenas, III, Baton Rouge, for Plaintiff Hiser.

Kim E. Moore, New Orleans, for Defendants.

Before FITZSIMMONS and LeBLANC, JJ., and CHIASSON, J. Pro Tem.


WRIT DENIED. Pivotal to the issue of waiver is knowledge of facts by the insurer that would permit the insurer to raise policy defenses. From the inception of this suit to the filing of an answer, twenty-two days prior to trial, all representation for both the insured and the insurer was undertaken by a single law firm. There is no evidence in the record that would indicate the existence of a nonwaiver agreement between the insurer and the insured.

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