Himel v. American Employers Insurance

LANDRY, Judge.

Defendant, Cane Air Aviation (Cane Air), appeals judgment granting plaintiffs recovery for crop damage to plaintiffs’ gardens found by the trial court to have been caused by Cane Air’s spraying of sugar cane on Himalaya Plantation, which plantation was leased to Ashley Arcement who ordered spraying of his cane crop thereon. American Employers Insurance Company (American), the landowner’s liability insurer, was the sole initial defendant, Cane Air being subsequently impleaded herein. American has third partied Cane Air pursuant to an indemnity agreement between Cane Air and the…