VICTORIAN v. AMERICAN DEPOSIT INS. CO.

Nos. 2004 CA 0852, 2004 CA 0853.

923 So.2d 650 (2005)

Laura M. VICTORIAN, Albert Victorian, Ernest J. Victorian, James C. Victorian, Lois A. Victorian and Charles A. Victorian, Individually and on Behalf of the Estate of Geraldine Victorian v. AMERICAN DEPOSIT INSURANCE COMPANY, Esteban Rodriguez and James F. Kent. Lance Brown v. American Deposit Insurance Company, Esteban Rodriguez and James F. Kent.

Court of Appeal of Louisiana, First Circuit.

September 23, 2005.


Attorney(s) appearing for the Case

Daniel R. Atkinson, Jr., Perry, Atkinson, Balhoff, Mengis & Burns, LLC, Baton Rouge, for Third-Party-Defendants/Appellants Phillip A. Dimattia, Jr. and Dimattia Agency & Associates.

Albert D. Giraud, David I. Bordelon, Ungarino & Eckert, LLC, Metairie, for Defendant/Third-Party-Plaintiff/Appellee American Deposit Ins. Co.

Before: PARRO, KUHN, and WELCH, JJ.


PARRO, J.

An insurance agent and his agency appeal a judgment ordering them to indemnify an insurance company for the amounts paid pursuant to an automobile liability policy, based on the court's finding that they had fraudulently caused the insurance company to issue the policy. For the following reasons, we reverse the judgment of the trial court.

Factual and Procedural Background

On November 19, 1994, Geraldine Victorian was driving her...

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