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LEXINGTON INS. v. M.W. KELLOGG CONSTRUCTORS

No. 05-581.

921 So.2d 1106 (2006)

LEXINGTON INSURANCE COMPANY v. M.W. KELLOGG CONSTRUCTORS, INC., et al.

Court of Appeal of Louisiana, Third Circuit.

January 25, 2006.

Attorney(s) appearing for the Case

Donald A. Hoffman, Mary Ann Wegman, Hoffmann Seydel, LLC, New Orleans, LA, for Plaintiff, Lexington Insurance Company.

Kirk A. Bergeron, Attorney at Law, Baton Rouge, LA, Robert J. Williams, L. Donald Foreman, L. Donald Foreman, L.L.C., Lake Charles, LA, for Plaintiffs/Appellants, Insurance Company of North America, Reliance Insurance Company.

John B. Scofield, Robert E. Landry, Phillip DeVilbiss, Scofield, Gerard, Veron, Singletary & Pohorelsky, Lake Charles, LA, Ronald Restrepo, Stephen H. Lee, Doyle, Restrepo, Harvin & Robbins, L.L.P., Houston, TX, for Defendants/Appellees, Westlake Petrochemicals, LP WPE Corporation.

Robert E. Barkley, Jr., Barkley & Thompson, New Orleans, LA, for Defendant, Westinghouse Electric Company.

David R. Frohn, Frohn & Thibodeaux, Lake Charles, LA, for Defendant, Toshiba International Corporation.

Christopher M. Trahan, Raggio, Cappel, Chozen & Berniard, Lake Charles, LA, for Defendant, Dashiell Corporation.

Court composed of SYLVIA R. COOKS, MICHAEL G. SULLIVAN, and JAMES T. GENOVESE, Judges.

SULLIVAN, Judge.

Reliance Insurance Company in Liquidation (Reliance) appeals the dismissal of its non-cooperation claim against its insureds, Westlake Petrochemicals, LP and WPE Corporation (Westlake), on an exception of res judicata. Westlake has also appealed, seeking reversal of an evidentiary ruling by the trial court. For the following reasons, we affirm in part, reverse in part, and remand.

Procedural History

On February 24, 1995, an...

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