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BARNETT v. FIDELITY NAT. PROPERTY & CAS.

No. 12-1415.

157 So.3d 51 (2013)

Kay BARNETT, et ux. v. FIDELITY NATIONAL PROPERTY & CASUALTY CO., et al.

Court of Appeal of Louisiana, Third Circuit.

May 1, 2013.

Attorney(s) appearing for the Case

Gerald J. Nielsen , Keith M. Detweiler , Nielsen, Carter & Treas, LLC, Metairie, LA, for Defendant/Appellant, Fidelity National Property & Casualty Insurance Company.

Carl E. Hellmers, III , Frilot L.L.C., New Orleans, LA, for Defendant/Appellant, Insurance Unlimited of Louisiana, Inc.

Terrence J. Lestelle , Lestelle & Lestelle, APLC, Metairie, LA, Jeffery B. Struckhoff , Galloway, Johnson, Tompkins, Burr & Smith, New Orleans, LA, for Plaintiffs/Appellees, Kay Barnett, Barry Barnett.

Court composed of JOHN D. SAUNDERS, JIMMIE C. PETERS, and MARC T. AMY, Judges.

After the plaintiffs sustained damage to their Cameron Parish beach house as a result of Hurricane Ike, their flood insurance provider declared the policy void ab initio. They filed suit against their insurance agency and the flood insurance provider, seeking damages for tort and contractual claims. The trial court denied pre...

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