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ALLSTATE INS. CO. v. FRED'S, INC.

No. 44,508-CA.

18 So.3d 172 (2009)

ALLSTATE INSURANCE COMPANY, Plaintiff v. FRED'S, INC., Defendant.

Court of Appeal of Louisiana, Second Circuit.

Rehearing Denied September 17, 2009.

Attorney(s) appearing for the Case

Forrester & Dick by David C. Forrester, Mark G. Murphey, Baton Rouge, for Appellant, Allstate Insurance Company.

Mayer, Smith & Roberts, L.L.P. by Steven E. Soileau, Shreveport, for Appellees, L & L Import Enterprises, Inc. and Colony Insurance Company.

Before CARAWAY, PEATROSS and LOLLEY, JJ.

CARAWAY, J.

After a lamp caused a fire in an insured's home in 2003, the insurer timely filed suit against the retail seller of the lamp under the Louisiana Products Liability Act, La. R.S. 9:2800.51, et seq. (the "Act"), seeking to recover the amounts tendered to the insured. The seller had placed a label on the lamp identifying the seller as a distributor of the product. No other party was identified by the labeling information. Later, in 2007, plaintiff...

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