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ALLSTATE INS. CO. v. GABUS

No. 04-154.

877 So.2d 1187 (2004)

ALLSTATE INSURANCE COMPANY 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.

For the reasons assigned this day in Northern Ins. Co. of New York v. Dan Gabus, et al., 04-153 (La.App. 3 Cir. 7/7/04), 877 So.2d 1183, 2004 WL 1496871, we reverse the trial court's dismissal of Assurance Company of America on an exception of prescription. We remand the matter for further proceedings and cast the costs of this appeal on Defendant/Appellee, Gabus and its insurers.

REVERSED AND...

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