COURTLAND v. CENTURY INDEM. CO.

No. 00-CA-333.

772 So.2d 797 (2000)

Helen Landreneau COURTLAND, Ronald E. Courtland, Caroline Ann Caswell and Susie Lorrine Slaamot v. CENTURY INDEMNITY COMPANY, Commercial Union Insurance Company, Federal Insurance Company, Industrial Indemnity Company, Highlands Insurance Company, Gulf Insurance Company, Travelers Casualty and Surety Company and National Union Fire Insurance Company of Pittsburgh, PA.

Court of Appeal of Louisiana, Fifth Circuit.

Writ Denied February 9, 2001.


Attorney(s) appearing for the Case

M.H. Gertler, Rodney P. Vincent, Louis L. Plotkin, Marcia Finkelstein, New Orleans, Louisiana, Attorneys for Appellants Helen Landreneau Courtland, et al.

James M. Garner, Keith A. Kornman, Sher Garner Cahill Richter, Klein McAlister & Hilbert, L.L.C, New Orleans, Louisiana, Attorneys for Defendant-Appellee Century Indemnity Company, as Successor to CCI Insurance Company, as Successor to Insurance Company of North America.

Samuel M. Rosamond, III, Fleming & Rosamond, L.L.P., Metairie, Louisiana, Attorney for Defendant-Appellee Commercial Union Insurance Company.

James F. Holmes, Christopher J. Alfieri, Christovich & Kearney, L.L.P., Pan American Life Center, New Orleans, Louisiana, Attorneys for Appellee Highlands Insurance Company.

Thomas J. Wagner, Dana Henderson, Wagner & Bagot, New Orleans, Louisiana, Attorneys for Defendant—Appellee Highlands Insurance Company, as an Alleged Insurer of Jahncke Sand Services.

John E. Galloway, Kimberly G. Anderson, Galloway, Johnson, Tompkins, Burr & Smith, New Orleans, Louisiana, Attorneys for Defendants-Appellees Gulf Insurance Company and Travelers Casualty and Surety Company, as Alleged Insurers of Mississippi Valley Silica Company, Inc.

Claude F. Bosworth, Gordon P. Wilson, Lugenbuhl, Wheaton, Peck, Rankin & Hubbard, New Orleans, Louisiana, Attorneys for Defendants—Appellees Gulf Insurance Company and Travelers Casualty and Surety Company.

Joel T. Chaisson, Chaisson & Chaisson, Destrehan, Louisiana, Attorney for Defendant-Appellee Thomas Gilbert.

Michael A. Britt, Kenner, Louisiana, Attorney for Defendant—Appellee Federal Insurance Company.

Panel composed of Judges EDWARD A. DUFRESNE, Jr., JAMES L. CANNELLA and SUSAN M. CHEHARDY.


CANNELLA, Judge.

Plaintiffs, the widow and three major children of Thomas Courtland, appeal from the trial court judgments rendered in favor of nine Defendants1, maintaining their exceptions of prescription and peremption and dismissing Plaintiffs' claims against them. For the reasons which follow, we affirm.

The facts are not in dispute. The issue before us presents a question of law. Thomas Courtland worked as a sandblaster in...

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