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EAGLE PACIFIC v. SUNBELT

No. 05-CA-270.

917 So.2d 1178 (2005)

EAGLE PACIFIC INSURANCE COMPANY v. SUNBELT INNOVATIVE PLASTICS, INC.

Court of Appeal of Louisiana, Fifth Circuit.

November 29, 2005.

Attorney(s) appearing for the Case

Ambrose V. McCall, Ashley E. Gilbert, Deutsch, Kerrigan & Stiles, New Orleans, Louisiana, for Plaintiff/Appellee.

Richard B. Eason, II, Adams and Reese, New Orleans, Louisiana, for Defendant/Appellant.

Panel composed of Judges THOMAS F. DALEY, CLARENCE E. McMANUS and WALTER J. ROTHSCHILD.

CLARENCE E. McMANUS, JUDGE.

Eagle Pacific Insurance Company ("Eagle Pacific") filed suit Sunbelt Innovative Plastics, Inc. ("Sunbelt"), alleging that Sunbelt failed to pay sufficient premiums on a worker's compensation policy for two years. Sunbelt, in its answer to the petition, raised the affirmative defense of offset, arguing that it had overpaid on the policy.

Eagle Pacific filed a motion for summary judgment, which Sunbelt opposed, in part, on the grounds...

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