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MARCEL v. DELTA SHIPBUILDING CO.

No. 2010-CA-0168.

45 So.3d 634 (2010)

David B. MARCEL, Todd J. Marcel, Henry John Marcel, Kent Marcel, Mark H. Marcel, Susan M. Riedlinger, Individually and as Proper Parties-In-Interest for Henry Joseph Marcel v. DELTA SHIPBUILDING COMPANY, The Executive Officers of Delta Shipbuilding Company, The Fidelity and Casualty Company of New York n/k/a Continental Insurance Company, as Insurer of Delta Shipbuilding Company and its Executive Officers, Viacom, Inc., Garlock, Inc., et al.

Court of Appeal of Louisiana, Fourth Circuit.

August 4, 2010.

Attorney(s) appearing for the Case

Scott R. Bickford , Roshawn H. Donahue , Spencer R. Doody , Martzell & Bickford, New Orleans, LA, for Plaintiffs/Appellants.

Gary Zwain , Ben S. Dipalma , Duplass, Zwain, Bourgeois, Pfister & Weinstock, Metairie, LA, for Continental Insurance Company by Merger to Fidelity & Casualty Company of New York.

(Court composed of Judge PATRICIA RIVET MURRAY, Judge MICHAEL E. KIRBY, Judge TERRI F. LOVE).

PATRICIA RIVET MURRAY, Judge.

Plaintiffs, on behalf of the deceased Henry Marcel, appeal the trial court's dismissal of their claims based upon its granting of an exception of no right of action brought by defendant, Continental Insurance Company ["Continental"]. For the reasons that follow, we reverse the granting of the exception.

FACTS AND PROCEEDINGS BELOW

Plaintiffs instituted this direct action against Continental as the former insurer of Delta...

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