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MOBILE IMAGING, INC. v. FIX

No. 2007-1482.

980 So.2d 240 (2008)

MOBILE IMAGING, INC. v. Kevin FIX and Connie Fix d/b/a Ultimate Medical Services and Ultimate Medical Services, Inc.

Court of Appeal of Louisiana, Third Circuit.

April 2, 2008.

Attorney(s) appearing for the Case

Mickey S. DeLaup, Stephanie L. Cook, deLaup Schexnayder & Miranda, LLC, Metairie, LA, for Defendant/Appellee, United National Insurance Company.

Michael G. Durand, Douglas W. Truxillo, Onebane Law Firm, Lafayette, LA, for Defendant/Appellee, Gemini Insurance Company.

John E. Galloway, Kimberly G. Anderson, Kevin F. Bruce, Galloway, Johnson, Tompkins, Burr & Smith, New Orleans, LA, for Defendant/Appellee, Evanston Insurance Company.

Max McCain Morris, Attorney at Law, Lake Charles, LA, for Plaintiff/Appellee, Mobile Imaging, Inc.

Merrick J. (Rick) Norman Jr., Norman Business Law Center, Lake Charles, LA, for Plaintiff/Appellee, Mobile Imaging, Inc.

Richard D. Moreno, Robinson and Moreno, L.L.C., Lake Charles, LA, for Defendants/Appellants, Kevin Fix, Connie Fix, Ultimate Medical Services, Inc.

Court composed of ULYSSES GENE THIBODEAUX, Chief Judge, OSWALD A. DECUIR and GLENN B. GREMILLION, Judges.

DECUIR, Judge.

Defendants/third party plaintiffs, Kevin Fix and Connie Fix, d/b/a Ultimate Medical Services, Inc., appeal summary judgment granted in favor of Evanston Insurance Company, Gemini Insurance Company, and United National Insurance Company. Finding the three insurance companies had no duty to defend or indemnify the third party plaintiffs against claims made by the original plaintiff, Mobile Imaging, Inc., the trial court dismissed the insurers via summary...

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