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WESTCHESTER SURPLUS LINES INS. CO. v. PACORINI METALS

No. 13-CA-288.

131 So.3d 445 (2013)

WESTCHESTER SURPLUS LINES INSURANCE COMPANY as Subrogee to the Rights of Transportation Consultants, Inc. and Edwards Avenue Partners v. PACORINI METALS, USA, L.L.C.

Court of Appeal of Louisiana, Fifth Circuit.

December 19, 2013.

Attorney(s) appearing for the Case

A. Edward Cangelosi , Attorney at Law, Pensacola, FL, for Plaintiff/Appellant, Westchester Surplus Lines Insurance Company.

Mark A. Cunningham , Attorney at Law, New Orleans, LA, for Defendant/Appellee, Pacorini Metals, USA, L.L.C.

Panel composed of Judges SUSAN M. CHEHARDY, FREDERICKA HOMBERG WICKER, and HANS J. LILJEBERG.

SUSAN M. CHEHARDY, Chief Judge.

The plaintiff appeals a judgment that granted the defendant's exceptions of no right of action and no cause of action. We reverse and remand.

STATEMENT OF THE CASE

In July 2011, Westchester Surplus Lines Insurance Company ("Westchester") filed suit against Pacorini Metals, USA, L.L.C. ("Pacorini"), for damage to a warehouse owned and managed by Westchester's insureds, Edwards Avenue Partners ("EAP") and Transportation...

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