J. M. Brown Construction Co. v. D & M Mechanical Contractors, Inc.

TUCKER, Judge.

The plaintiff has appealed from the judgment of the lower court dismissing its demand against one of the defendants, Phoenix of Hartford Insurance Company, under its surplus line insurance broker’s bond with defendant, Delchamps Insurance Agency, Inc., as the insured in the principal sum of $20,000.00. The subject bond was written and confected in accordance with LSA-R.S. 22:1257, et seq., and particularly under the language of R.S. 22:-1260, as amended by Act No. 146 of the regular legislative session of 1960, which in part is quoted as follows:

“(3) Prior to the issuance of a…