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KIRBY v. ASHFORD

2015 CA 1852.

208 So.3d 932 (2016)

Kerry KIRBY & Lori Kirby, Individually & on Behalf of Their Minor Children, A.C. Kirby, Heidi Mayeaux, Kerry Kirby, Jr. & Hannah Kirby v. Mike ASHFORD, Exide Technologies Inc., & ABC Manufacturing Company.

Court of Appeal of Louisiana, First Circuit.

December 22, 2016.

Attorney(s) appearing for the Case

Julie A. Scheib , Patrick D. Magee , Lafayette, Louisiana, Counsel for Defendant/Appellant, XL Insurance America, Inc., formerly known as Winterthur, International America Insurance, Company.

Céleste D. Elliott , Tina L. Kappen , New Orleans, Louisiana, Counsel for Third-Party Defendant/Appellee, Century Surety Company.

BEFORE: WHIPPLE, C.J., GUIDRY, AND McCLENDON, JJ.

In this appeal, a defendant insurer appeals a judgment that granted summary judgment and sustained an exception of no right of action filed by a third-party defendant insurer. For the following reasons, we affirm the judgment of the trial court.

FACTUAL AND PROCEDURAL HISTORY

On September 15, 2000, Ducote Wrecking...

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