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C'S DISCOUNT PHARMACY v. PACIFIC INS. CO.

No. 09-CA-217.

31 So.3d 1103 (2010)

C'S DISCOUNT PHARMACY, INC. and Ciolino Pharmacy, Inc. v. PACIFIC INSURANCE COMPANY, LTD., Midwestern General Brokerage Inc. d/b/a Westrope & Associates, Powell Insurance Agency, Inc., and Westport Insurance Corp.

Court of Appeal of Louisiana, Fifth Circuit.

January 26, 2010.

Attorney(s) appearing for the Case

R. Vaughn Cimini, Stephen J. Laborde, Karen G. Arena, Attorneys at Law, Metairie, LA, for Plaintiff/Appellant.

Sidney W. Degan, III, Foster P. Nash, III, Julia A. Dietz, Jill A. Hrivnak, Jack M. Alltmont, April L. Watson, Attorneys at Law, New Orleans, LA, Robert E. Gould, Attorney at Law, Kansas City, MO, for Defendant/Appellee.

Panel composed of Judges FREDERICKA HOMBERG WICKER, JUDGE G. GRAVOIS and MARC E. JOHNSON.

JUDE G. GRAVOIS, Judge.

The plaintiffs have appealed the trial court's grant of summary judgment in favor of the defendants. For the reasons that follow, we reverse.

FACTUAL AND PROCEDURAL BACKGROUND

C's Discount Pharmacy, Inc. and Ciolino Pharmacy, Inc. ("plaintiffs") purchased an insurance policy covering losses due to property damage and business interruption from Powell Insurance Agency ("Powell"). Powell obtained this policy from an intermediary...

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