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BURGE v. NORTH. NAT. INS. CO. OF MILWAUKEE

No. 2008-CA-1396.

14 So.3d 616 (2009)

Gerald BURGE v. NORTHWESTERN NATIONAL INSURANCE COMPANY OF MILWAUKEE, Wisconsin, Claire W. Trinchard, Leigh Ann Schell and Lincoln Insurance Company.

Court of Appeal of Louisiana, Fourth Circuit.

June 3, 2009.

Attorney(s) appearing for the Case

Mark W. Smith, Mark W. Smith & Associates, PLC, Metairie, LA, for Gerald Burge.

Gerald A. Melchiode, Kimberly G. Anderson, Kevin F. Bruce, Galloway Johnson Tompkins Burr & Smith, New Orleans, LA, for Lincoln Insurance Company.

(Court composed of Judge CHARLES R. JONES, Judge MICHAEL E. KIRBY, Judge TERRI F. LOVE).

TERRI F. LOVE, Judge.

This appeal arises from the alleged wrongful murder conviction of the plaintiff. The chief investigator allegedly suborned perjury and withheld exculpatory evidence, which resulted in an acquittal of the plaintiff at his second trial. The plaintiff sued the sheriff's office and the chief investigator in federal court and received a multi-million dollar judgment. The plaintiff later learned of and sued an excess insurer twenty-four years after...

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