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LEXINGTON INS. CO. v. TASCH, INC.

No. 12-CA-339.

105 So.3d 950 (2012)

LEXINGTON INSURANCE COMPANY v. TASCH, INC.

Court of Appeal of Louisiana, Fifth Circuit.

November 27, 2012.

Attorney(s) appearing for the Case

Ezra L. Finkle , Attorney at Law, New Orleans, LA, for Plaintiff/Appellant, Lexington Insurance Company.

Patricia A.G. Dean , Attorney at Law, Metairie, LA, for Defendant/Appellee, Tasch, Inc.

Panel composed of Judges SUSAN M. CHEHARDY, FREDERICKA HOMBERG WICKER, and ROBERT A. CHAISSON.

SUSAN M. CHEHARDY, Judge.

This is a suit by an insurance company to collect a deductible from its insured. The plaintiff obtained a default judgment and initiated collection proceedings with a judgment debtor rule. The defendant objected to the rule on the ground it was not the proper party. The trial court dismissed the rule and annulled the judgment on which the judgment debtor rule was based. The plaintiff appeals. We vacate and remand.

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