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WEBRE v. FABRE

No. 01-CA-499.

800 So.2d 1036 (2001)

Charles A. WEBRE, Jr. v. Timothy FABRE, et al.

Court of Appeal of Louisiana, Fifth Circuit.

October 30, 2001.

Attorney(s) appearing for the Case

Gerald P. Webre, Don M. Richard, Metairie, LA, Attorneys for Plaintiff/Appellee.

Paul V. Cassisa, Sr., Howard B. Kaplan, Bernard, Cassisa, Elliott & Davis Metairie, LA, and Paul V. Cassisa, Jr. Bernard, Cassisa, Elliott & Davis, Oxford, MS, Attorneys for Defendant/Appellant, Empire Fire & Marine Insurance Company.

Panel composed of Judges JAMES L. CANNELLA, THOMAS F. DALEY, and MARION F. EDWARDS.

THOMAS F. DALEY, Judge.

Defendant Empire Fire & Marine Insurance Company appeals a judgment against it. On appeal, Empire argues that the trial court committed legal error in allowing a direct cause of action against it, arguing they issued an indemnity policy to Mr. Fabre, not a liability policy. They also argue that the trial court committed legal error in allowing recovery against an indemnity policy after the indemnitee had been released. Third, they argue...

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