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ESKIND v. MARCEL

Nos. 2006 CA 0369, 2006 CW 1185.

951 So.2d 289 (2006)

Rachel ESKIND, Individually, and on Behalf of Her Daughter, Annette Verrett v. Carroll MARCEL, Carroll's Heating & Air, Inc., and U.S. Agencies Casualty Insurance Company.

Court of Appeal of Louisiana, First Circuit.

December 28, 2006.

Attorney(s) appearing for the Case

Scott A. Cannon, Slidell, Counsel for Third-Party Defendant/Appellant U.S. Agencies Casualty Insurance Company.

Jerry H. Schwab, Danna E. Schwab, Houma, Counsel for Defendant/Third-Party Plaintiff/Appellee Carroll Marcel.

Karla G. Spinella, Houma, Counsel for Plaintiff Rachel Eskind, individually, and on behalf of her daughter, Annette Verrett.

Before: PARRO, GUIDRY, and McCLENDON, JJ.

GUIDRY, J.

An insurer appeals a summary judgment rendered in favor of its insured relative to the insured's third-party demand against the insurer for the expenses associated with the insured retaining separate legal counsel to represent him for excess exposure in a personal injury suit.

FACTS AND PROCEDURAL HISTORY

On December 6, 2002, an accident occurred in which a motorist, Carroll Marcel (Marcel), struck eleven-year-old Annette Verrett (Annette...

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