Legal Opinion

Howard v. Vulcan Materials Co.

District Court, M.D. Louisiana

Decided January 23, 1975No. Civ. A. No. 71-122Published

1Opinion of the Court

E. GORDON WEST, District Judge:

This suit is before the Court on remand from the United States Court of Appeals, Fifth Circuit, to consider the third-party claim of AAA Contracting Co., Inc. (AAA) against its insurer, The Travelers Insurance Company (Travelers) for the costs of defense in this matter. Howard v. Vulcan Materials Co., 494 F.2d 1183 (CA 5—1974). The sole question for determination is whether Travelers was obligated to defend AAA in this action. For the following reasons, it is the judgment of this Court that Travelers did owe and breach its duty to defend, and is liable for the…

2Cases cited7 opinions

  1. American Home Assurance Company v. CzarnieckiSupreme Court of Louisiana · 1969
  2. Benoit v. FuselierLouisiana Court of Appeal · 1967
  3. Reichert v. Continental Insurance CompanyLouisiana Court of Appeal · 1974
  4. Mut v. Newark Insurance CompanyLouisiana Court of Appeal · 1974
  5. Bandy v. Avondale Shipyards, Inc.Court of Appeals for the Fifth Circuit · 1972

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