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HAMILTON v. ANCO INSULATION, INC.

No. 2002 CA 0221.

844 So.2d 893 (2003)

Joseph HAMILTON, Jr. and Mable Young Hamilton v. ANCO INSULATION, INC., the McCarty Corporation, Pittsburgh Corning Corporation, Rapid American Corporation, and C F Industries, Inc.

Court of Appeal of Louisiana, First Circuit.

February 14, 2003.

Attorney(s) appearing for the Case

J. Burton LeBlanc, Baton Rouge, Counsel for Appellee Joseph Hamilton, Jr.

Susan B. Kohn, New Orleans, Counsel for Appellee McCarty Corporation.

Daniel J. Balhoff, Baton Rouge, Counsel for Appellee C.F. Industries.

Gordon P. Wilson, New Orleans, Counsel for Appellee Travelers Casualty and Surety Co.

Michael R. Sistrunk, Metairie, Counsel for Appellee W.R. Grace & Co.

William F. Grace, Earl F. Sundmaker, III, New Orleans, Counsel for Appellee Marsh & McLennan Co., Inc.

Glenn L.M. Swetman, New Orleans, Counsel for Appellee Garlock, Inc.

John J. Hainkel, III, New Orleans, Counsel for Appellee Owens Corning.

James F. Holmes, New Orleans, Counsel for Appellee M.W. Kellogg Constructors, Inc.

Robert A. Redwine, New Orleans, Counsel for Appellant Allianz Underwriters, Inc.

Before: FOIL, McCLENDON, and KLINE, JJ.

WILLIAM F. KLINE, JR., Judge Pro Tem.

This is an appeal of a summary judgment rendered in favor of an insured regarding the applicability of provisions in an insurance contract. For the following reasons, we reverse.

FACTS AND PROCEDURAL HISTORY

Joseph Hamilton, Jr. was employed by C F Industries, Inc. (CFI) at its Donaldsonville, Louisiana facility as a warehouse operator from 1968 to 1983. In June of 1999, Mr. Hamilton was diagnosed with mesothelioma...

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