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SHAMBRA v. ROTH

Nos. 2004-CA-0467, 2004-CA-0468.

885 So.2d 1257 (2004)

Martin C. SHAMBRA, Sr., Argonaut Great Central Insurance Company, Deuce & Four-Top, Inc. d/b/a Peristyle, and Scottsdale Insurance Company v. Lisa ROTH, ABC Insurance Company, Black & Decker (U.S.), Inc., and XYZ Insurance Company. Elizabeth Roth v. Scottsdale Insurance Company, Martin C. Shambra and Shambra, Inc.

Court of Appeal of Louisiana, Fourth Circuit.

September 29, 2004.

Attorney(s) appearing for the Case

Rachel S. Kellogg, Timothy G. Schafer, Schafer & Schafer, New Orleans, LA, for Defendants/Appellees, Lisa Roth and USAA Cas. Ins. Co.

Terrill W. Boykin, Kriste L. Talton, Bordenave, Boykin & Ehret, New Orleans, LA, for Defendant/Appellee, Black & Decker.

(Court composed of Chief Judge JOAN BERNARD ARMSTRONG, Judge MICHAEL E. KIRBY, Judge MAX N. TOBIAS JR.).

MICHAEL E. KIRBY, Judge.

On November 28, 1999, a fire heavily damaged the building located at 900 North Rampart Street in New Orleans that housed Peristyle Restaurant on the first floor and an apartment leased by Lisa Roth (Roth) on the second floor. Two lawsuits were filed in connection with that fire. In the first action, Martin C. Shambra, Jr. (Shambra), the owner of the property, his insurer, Scottsdale Insurance Company (Scottsdale), Deuce & Four Top, Inc...

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