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NORTHERN INS. CO. OF NEW YORK v. GABUS

No. 04-153.

877 So.2d 1183 (2004)

NORTHERN INSURANCE COMPANY OF NEW YORK v. Dan GABUS d/b/a Martial Arts Academy and/or Bayou Crane Productions and ABC Insurance Company.

Court of Appeal of Louisiana, Third Circuit.

July 7, 2004.

Attorney(s) appearing for the Case

Gregory J. McDonald, Bienvenu, Foster, Ryan & O'Bannon, New Orleans, LA, for Plaintiff/Appellant, Assurance Company of America.

Henry Provosty, Edgar D. Gankendorff, Christophe B. Szapary, Provosty, Salder, deLaunay, Fiorenza & Sobel, New Orleans, LA, for Defendants/Appellees, Dan Gabus d/b/a Martial Arts Academy and Bayou Crane Productions and Certain Underwriters at Lloyd's London.

Kraig Thomas Strenge, Lafayette, LA, for Plaintiff/Appellee, Styles Fashion Outlets, Inc., Lafayette Insurance Co.

William M. Blackston, Hoffman, Siegel, Seydel, et al., New Orleans, LA, for Plaintiff/Appellee, Allstate Insurance Co.

Robert L. Ellender, Voorhies & Labbe, Lafayette, LA, for Defendant/Appellee, Domengeaux & Foreman d/b/a La Promenade Mall, et al.

Court composed of ULYSSES GENE THIBODEAUX, Chief Judge, BILLIE COLOMBARO WOODARD, and MARC T. AMY, Judges.

WOODARD, Judge.

Assurance appeals the trial court's dismissal of its action against Gabus on an exception of prescription. We reverse the trial court's ruling and remand the matter for further proceedings.

* * * * *

On September 30, 2001, there was a fire in La Promenade Mall (Promenade) in Lafayette, Louisiana. Allegedly, defective wiring and installation caused the fire and incited several lawsuits against the Defendant, Dan Gabus, individually...

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