Fruge v. Amerisure Mutual Insurance

Amerisure Mutual Insurance Company appeals the district court’s summary-judgment ruling determining that Louisiana law prohibits the consideration of extrinsic evidence to prove mutual mistake; ranking Amerisure as the primary insurer; and allowing another third-party insurer, Chubb Custom Insurance Company, to bring a cross-claim for defense fees. Because the district court erred in refusing to consider extrinsic evidence to prove the theory of mutual mistake, we reverse and remand without considering ranking or standing.

I

Appellant-Cross-Appellee Amerisure Mutual Insurance Company…