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THIBODAUX v. NIXON

No. 2003 CA 2502.

897 So.2d 666 (2004)

Suzette THIBODAUX and Flanord A. Thibodaux, Jr. v. Darnell NIXON, Kirby Bonvillain d/b/a Bonvillain Pharmacy, American International South Insurance Company, ABC Insurance Company, XYZ Insurance Company and Allstate Insurance Company

Court of Appeal of Louisiana, First Circuit.

November 3, 2004.

Attorney(s) appearing for the Case

Richard A. Breaux, Houma, Counsel for Plaintiffs/Appellees Suzette Thibodaux and Flanord A. Thibodaux, Jr.

Jefferson R. Tillery, Norman E. Anseman, III, New Orleans, Counsel for Defendant/Appellant Allstate Insurance Company.

J. Dana Ortego, Houma, Counsel for Defendants/Appellees American International South Insurance Company, Darnell Nixon and Kirby Bonvillain.

Before: FOIL, PARRO, and KUHN, JJ.

KUHN, J.

In this appeal, Allstate Insurance Company ("Allstate") challenges the trial court's dismissal of its cross-claim against American International South Insurance Company ("AIS"). These defendant insurance companies dispute which company has the duty to defend another defendant, Clinic Drugs, Inc., d/b/a Bonvillain Pharmacy ("Clinic Drugs").1 For the following reasons, we vacate the trial court's July 2, 2003 ex parte order, which...

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