BYLES WELDING & TRACTOR v. FEDERATED MUT.

No. 01-0954.

801 So.2d 589 (2001)

BYLES WELDING & TRACTOR CO. v. FEDERATED MUTUAL INSURANCE CO.

Court of Appeal of Louisiana, Third Circuit.

December 12, 2001.


Attorney(s) appearing for the Case

William Daniel Dyess, Attorney at Law, Many, LA, Counsel for Byles Welding & Tractor Co.

Russell Joseph Bowman, Scott, Bowman & Stella, Dallas, TX, Counsel for Federated Mutual Insurance Co.

Court composed of NED E. DOUCET, JR., Chief Judge, JIMMIE C. PETERS and MARC T. AMY, Judges.


AMY, Judge.

An insured brought an action against its insurer for refusal of coverage pursuant to the insurance policy. The trial court denied the insurer's peremptory exception of no right or no cause of action. Judgment was awarded to the insured. The insurer appeals alleging that the claim should have been barred by a contractual time limitation or, alternatively, that the insured failed to give prompt notice of the loss as required in the coverage form. For the...

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