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AMERICAN ZURICH INS. CO. v. CATERPILLAR

No. 12-270.

99 So.3d 739 (2012)

AMERICAN ZURICH INS. CO. v. CATERPILLAR, INC.

Court of Appeal of Louisiana, Third Circuit.

October 3, 2012.

Attorney(s) appearing for the Case

Patrick J. O'Cain , C.G. Norwood Jr. , Deirdre C. McGlinchey , McGlinchey Stafford , PLLC, New Orleans, LA, for Defendant/Appellee, Caterpillar, Inc.

Richard E. King , Cherrell R. Simms , Galloway, Johnson, Tompkins, Burr & Smith, New Orleans, LA, for Plaintiff/Appellant, American Zurich Ins. Co.

Court composed of ULYSSES GENE THIBODEAUX, Chief Judge, J. DAVID PAINTER, and SHANNON J. GREMILLION, Judges.

GREMILLION, Judge.

The plaintiff, American Zurich Insurance Company (Zurich), appeals the trial court's ruling granting the defendant, Caterpillar, Inc.'s (Caterpillar), peremptory exception of prescription and motion for summary judgment. For the following reasons, we affirm.

FACTUAL AND PROCEDURAL BACKGROUND

This litigation arises out of a Kenworth truck fire that occurred on April 7, 2010. Caterpillar manufactured the truck's engine. Zurich insured...

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