UNION PLANTERS BANK v. CCHC

No. 2004 CA 1521.

907 So.2d 134 (2005)

UNION PLANTERS BANK, National Association v. COMMERCIAL CAPITAL HOLDING CORPORATION, Patrick M. Haney, Mark M. Byouk, National Union Fire Insurance Company of Pittsburgh, PA and American International Specialty Lines Insurance Company.

Court of Appeal of Louisiana, First Circuit.

March 24, 2005.


Attorney(s) appearing for the Case

Phillip W. Preis, Charles M. Gordon, Jr., Crystal D. Burkhalter, Baton Rouge, for Appellants, Commercial Capital Holding Corporation and Healthcare Capital Management, Inc.

Patrick W. Gray, Lafayette, for Appellees, Prudential Property & Casualty Insurance Company and The Prudential Property and Casualty New Jersey Holdings, Inc.

William E. Steffes, Gary K. McKenzie, Baton Rouge, for Appellees, Allstate Insurance Company and Allstate Indemnity Company.

Brent B. Barriere, New Orleans, H. Alston Johnson, III, Baton Rouge, for Appellees, State Farm Indemnity Company and State Farm Mutual Automobile Insurance Company.

Mark D. Mese, Baton Rouge, for Appellee, Union Planters Bank, National Association.

George D. Fagan, Angelina Christina, New Orleans, for Appellees, National Union Fire Insurance Company of Pittsburgh, PA and American International Specialty Lines Insurance Company.

David S. Rubin, Baton Rouge, for Appellee, Postlethwaite & Netterville (APAC).

Robert J. Young, III, Metairie, for Appellees, The Ohio Casualty Insurance Company and Ohio Casualty of New Jersey, Inc.

John B. Davis, II, Baton Rouge, for Appellee, New Jersey Manufacturers Insurance Company.

Russell L. Dornier, Baton Rouge, for Appellee, Mark M. Byouk.

Before: CARTER, C.J., PETTIGREW, and MCDONALD, JJ.


CARTER, C.J.

This is an appeal of a trial court judgment sustaining a peremptory exception raising the objection of res judicata in favor of Prudential Property and Casualty Insurance Company and The Prudential Property and Casualty New Jersey Holdings, Inc. (Prudential).

FACTS AND PROCEDURAL HISTORY

One of the defendants in this case, Commercial Capital Holding Corporation (CCHC), filed a third party demand against Prudential and, among others...

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