NELSON v. MERRICK

No. 2006 CA 2381.

970 So.2d 1019 (2007)

Don L. NELSON and Deslyn Nelson v. Cedrick MERRICK, Bearden Sandwich Company, D/B/A Southern Bell Sandwich Company and Scottsdale Insurance Company.

Court of Appeal of Louisiana, First Circuit.

September 19, 2007.


Attorney(s) appearing for the Case

Richard J. Dodson, Kenneth H. Hooks, III, Baton Rouge, for Don L. Nelson and Deslyn Nelson.

Andrew A. Braun, David B. Wilson, New Orleans, for Defendant/Appellant National Union Fire Insurance Company of Pittsburgh. PA.

Before: GAIDRY, McDONALD and McCLENDON, JJ.


McDONALD, J.

This is an appeal of the confirmation of a default judgment rendered against an excess insurer in the Nineteenth Judicial District Court. For the following reasons, we reverse the judgment of the trial court.

Plaintiff, Don L. Nelson, was involved in an automobile accident in July 2004 when the vehicle that he was driving was struck from the rear by a vehicle operated by Cedric Merrick. In April 2005, Nelson filed suit against Merrick, his employer...

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