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NORFOLK SOUTHERN v. CALIFORNIA UNION INS.

No. 2002 CA 2696, 2003 CA 0110.

859 So.2d 201 (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, for Appellees Plaintiffs Norfolk Southern Corporation, et al.

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

Panel composed of Judges FRANK FOIL, BRADY M. FITZSIMMONS and EDWARD J. GAIDRY.

FOIL, J.

The Norfolk Southern Corporation and certain of its affiliated railroad companies (collectively, Norfolk)1 filed this lawsuit for declaratory judgment and damages against various underwriting members of Lloyd's London and certain London Market Insurance Companies (collectively, the London Insurers). In its original and amended petitions, Norfolk sought a declaration that it had coverage under several excess comprehensive general...

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