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ST. ROMAIN v. DELTA SOUTHERN CO., INC.

2022 CA 0111.

353 So.3d 778 (2022)

Joseph Louis ST. ROMAIN v. DELTA SOUTHERN CO., INC., et al.

Court of Appeal of Louisiana, First Circuit.

Judgment Rendered: September 22, 2022.

Attorney(s) appearing for the Case

Mickey P. Landry , Frank J. Swarr , Matthew C. Clark , New Orleans, Louisiana, Attorneys for Plaintiffs-Appellants, Catherine Bowden St. Romain, Joseph Louis St. Romain, Jr., Melinda Ann Marshall, individually and on behalf of Joseph Louis St. Romain.

H. Minor Pipes, III , Rachel S. Kellogg , New Orleans, Louisiana, Attorneys for Defendant-Appellee, Liberty Mutual Insurance Company as Insurer of Delta Southern Co., Delta Southern Co., Inc., Delta Tank Manufacturing Co. and Southern Fabricating & Welding Co., Inc.

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

This appeal concerns whether a claim for damages from contracting mesothelioma as a result of asbestos exposure in the early 1960s is a covered claim under an insurance policy. The trial court applied a policy exclusion barring claims filed over 36 months after the end of the last possible policy period, which ended in September 1966....

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