RANDO v. TOP NOTCH PROPERTIES, L.L.C.

No. 2003-CA-1800.

879 So.2d 821 (2004)

Peter RANDO III and Anne Bodet Rando v. TOP NOTCH PROPERTIES, L.L.C. and Zurich Insurance Company/Assurance Company of America.

Court of Appeal of Louisiana, Fourth Circuit.

June 2, 2004.


Attorney(s) appearing for the Case

J. Douglas Sunseri, Dawn Danna Marullo, Nicaud, Sunseri & Fradella, L.L.C., Metairie, LA, for Third-Party Plaintiff/Appellee.

Robert T. Myers, Young, Richaud & Myers, Metairie, LA, for Third-Party Defendant/Appellee.

(Court composed of Chief Judge JOAN BERNARD ARMSTRONG, Judge MICHAEL E. KIRBY, Judge TERI F. LOVE, Judge DAVID S. GORBATY and Judge LEON A. CANNIZZARO).


Chief Judge JOAN BERNARD ARMSTRONG.

REVERSED AND RENDERED IN PART AND REMANDED

Third party plaintiff-appellant, Dmitri Pile Driving, Inc. (Dmitri), appeals a summary judgment in favor of third party defendant-appellee, Century Surety Company (Century or Century Surety), dismissing Dmitri's claims for indemnity, defense, and damages for bad faith failure to defend and provide coverage. We reverse and render in part and remand.

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