ARCENEAUX v. AMSTAR CORP.

No. 2010-C-2329.

66 So.3d 438 (2011)

Daniel ARCENEAUX, Louis Daverede, Jr., Vives Lemmon, and Jules Menesses v. AMSTAR CORP., Amstar Sugar Corp., Tate and Lyle North American Sugars, Inc., and Domino Sugar Company.

Supreme Court of Louisiana.

July 1, 2011.


Attorney(s) appearing for the Case

Jones, Walker, Waechter, Poitevent, Carrere & Denegre, Glenn Gill Goodier , New Orleans, Troutman Sanders, L.L.P., Rebecca L. Ross (pro hac vice), for Applicant.

Tabary & Borne, LLC, Paul A. Tabary, III , Chalmette, Fried & Epstein LLP, Lee M. Epstein (pro hac vice), for Respondent.


VICTORY, J.

We granted a writ application in this insurance case primarily to determine whether the lower courts erred in holding that the insurer waived its right to enforce its policy defenses because it breached its duty to defend. After reviewing the record and the applicable law, we find that the lower courts erred in holding the insurer liable for 100% of the claims asserted by the insured. In spite of breaching its defense duty, the insurer was entitled to...

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