Legal Opinion

Marcel v. DELTA SHIPBUILDING CO.

Louisiana Court of Appeal

Decided August 4, 2010No. 2010-CA-0168PublishedCited by 3 opinions

1Opinion of the Court

PATRICIA RIVET MURRAY, Judge.

| ] Plaintiffs, on behalf of the deceased Henry Marcel, appeal the trial court’s dismissal of their claims based upon its granting of an exception of no right of action brought by defendant, Continental Insurance Company [“Continental”]. For the reasons that follow, we reverse the granting of the exception.

FACTS AND PROCEEDINGS BELOW

Plaintiffs instituted this direct action against Continental as the former insurer of Delta Shipbuilding Company [“Delta”], a corporation which was dissolved in 1946. Plaintiffs, who are the children of Henry Marcel, alleged that Mr.…

2Cases cited15 opinions

  1. Cole v. Celotex Corp.Supreme Court of Louisiana · 1992
  2. Taylor v. GiddensSupreme Court of Louisiana · 1993
  3. Austin v. Abney Mills, Inc.Supreme Court of Louisiana · 2002
  4. Deshotel v. Travelers Indemnity CompanySupreme Court of Louisiana · 1971
  5. Musmeci v. American Automobile Insurance CompanyLouisiana Court of Appeal · 1962

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3Cited by3 opinions

  1. Oxy USA Inc. v. Quintana Production Co.Louisiana Court of Appeal · 2011
  2. Mentz Construction Services, Inc. v. PocheLouisiana Court of Appeal · 2012
  3. Blow v. OneBeacon America Insurance Co.Louisiana Court of Appeal · 2016

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