THOMAS v. GALLANT INS. CO.

No. 2001-C-0411.

789 So.2d 74 (2001)

Dlaine THOMAS, et al. v. GALLANT INSURANCE COMPANY, et al.

Court of Appeal of Louisiana, Fourth Circuit.

May 23, 2001.


Attorney(s) appearing for the Case

Marshall M. Redmon, Evan T. Caffrey, Phelps Dunbar, L.L.P., New Orleans, Counsel for Relator (St. Paul Reinsurance Company, Ltd., et al.).

Sidney W. Degan, III, James A. Rowell, Degan, Blanchard & Nash, New Orleans, Counsel for Respondent (Board of Commissioners of the Orleans Parish Levee District).

Court composed of Chief Judge WILLIAM H. BYRNES, III, Judge PATRICIA RIVET MURRAY, Judge MICHAEL E. KIRBY.


MURRAY, Judge.

St. Paul Reinsurance Co., Ltd. and its related insurers (hereafter referred to collectively as Underwriters) assert that the trial court erred in denying their motion for summary judgment against the insured, the Orleans Levee District (the District), for payment of a $50,000 deductible. For the reasons that follow, we grant the writ of review, reverse the judgment in part, and remand for further proceedings.

The underlying litigation originated...

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