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NORFOLK SOUTHERN CORP. v. CALIF. UNION INS.

Nos. 2002 CA 0369, 2002 CA 0371, 2002 CA 0372.

859 So.2d 167 (2003)

NORFOLK SOUTHERN CORPORATION, Norfolk Southern Railway Company, Norfolk and Western Railway Company, the Alabama Great Southern Railroad Company, Southern Region Industrial Realty, Inc., Central of Georgia Railroad Company, and the Cincinnati, New Orleans and Texas Pacific Railway Company v. CALIFORNIA UNION INSURANCE COMPANY and Certain Underwriting Members of Lloyd's, et al.

Court of Appeal of Louisiana, First Circuit.

Writ Denied December 19, 2003.

Attorney(s) appearing for the Case

Cory R. Cahn, Benjamin R. Slater, Jr., Benjamin R. Slater, III, New Orleans, Carmack M. Blackmon, Baton Rouge, Counsel for Plaintiffs-Appellees Norfolk Southern Corporation, et al.

H. Alston Johnson III, Michael D. Hunt, Freddie Pitcher, Jr., Jane H. Barney, Baton Rouge, Richard N. Dicharry, New Orleans, Counsel for Defendants-Appellants Certain Underwriting Members of Lloyd's.

Before: FOIL, KUHN, and CLAIBORNE, JJ.

CLAIBORNE, J.

The Norfolk Southern Corporation and certain of its affiliated railroad companies (collectively Norfolk)2 filed this lawsuit for declaratory judgment and damages against various underwriting members of Lloyd's of London and certain London Market Insurance Companies (collectively the London Insurers).3 In its original and amended petitions, Norfolk sought a declaration that it had coverage under...

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