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RISK MANAGEMENT v. NAT. UNION FIRE INS. LA.

No. 2010 CA 0689.

56 So.3d 1236 (2011)

STATE of Louisiana Through the DIVISION OF ADMINISTRATION, OFFICE OF RISK MANAGEMENT v. NATIONAL UNION FIRE INSURANCE COMPANY OF LOUISIANA and Aon Risk Services of Louisiana, Inc.

Court of Appeal of Louisiana, First Circuit.

Rehearing Denied March 28, 2011.

Attorney(s) appearing for the Case

Robert I. Siegel , Krystena L. Harper , New Orleans, Louisiana, for Defendant/Appellant, National Union Fire Insurance Company of Louisiana, Inc.

John P. Murrill , Baton Rouge, Louisiana, for Plaintiff/Appellee, State of Louisiana, Division of Administration, Office of Risk Management.

Gus A. Fritchie, III , New Orleans, Louisiana, for Defendant/Appellee, Aon Risk Services of Louisiana, Inc.

Before CARTER, C.J., GAIDRY and WELCH, JJ.

GAIDRY, J.

An excess insurer of the State of Louisiana appeals a partial summary judgment, finding it liable to indemnify the State as insured for liability within the excess coverage and rejecting a contractual defense of late notice. For the following reasons, we affirm the judgment in part and reverse it in part.

FACTS AND PROCEDURAL HISTORY

On January 9, 1989, the Louisiana Division of Administration's Office of Risk Management (ORM), the agency...

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