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DUPUY STORAGE v. MAX SPECIALITY INS.

NO. 2016-CA-0050, NO. 2016-CA-0051.

203 So.3d 337 (2016)

DUPUY STORAGE AND FORWARDING, LLC v. MAX SPECIALITY INSURANCE COMPANY, McCaleb Bilbro, The Javier Law Firm, LLC and Continental Casualty Company Evanston Excess and Surplus Insurance Company, Formerly known as Max Specialty Insurance Company v. McCaleb Bilbro, The Javier Law Firm, LLC and Continental Casualty Company.

Court of Appeal of Louisiana, Fourth Circuit.

OCTOBER 5, 2016.

Attorney(s) appearing for the Case

Henry W. Kinney, III , Michael L. DeShazo , Kelly L. Reinker , KINNEY, ELLINGHAUSEN, RICHARD & DESHAZO, 1250 Poydras Street, Suite 2450, New Orleans, LA 70113, COUNSEL FOR PLAINTIFF/APPELLANT

Gus A. Fritchie, III , Edward W. Trapolin , Gretchen A. Fritchie , IRWIN FRITCHIE URQUHART & MOORE, LLC., 400 Poydras Street, Suite 2700, New Orleans, LA 70130, COUNSEL FOR DEFENDANT/APPELLEE, EVANSTON INSURANCE COMPANY (F/K/A EVANSTON, EXCESS & SURPLUS INSURANCE COMPANY, F/K/A MAX, SPECIALTY INSURANCE COMPANY)

Robert I. Siegel , Christopher R. Teske , GIEGER LABORDE & LAPEROUSE, LLC, 701 Poydras Street, Suite 4800, New Orleans, LA 70139-4800, COUNSEL FOR DEFENDANT/APPELLEE, AIG SPECIALTY INSURANCE COMPANY

(Court composed of Judge Paul A. Bonin, Judge Daniel L. Dysart, Judge Sandra Cabrina Jenkins).

This is an appeal from the trial court's October 6, 2015 judgment granting the Motion for Partial Summary Judgment filed by appellee, Evanston Insurance Company, f/k/a Alterra Excess and Surplus Insurance Company, f/k/a Max Specialty Insurance Company ("Evanston"), and dismissing the claim for bad faith penalties under...

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