Levert-St. John, Inc. v. Birmingham Fire & Casualty Co.

HOOD, Judge.

Plaintiff, Levert-St. John, Inc., instituted this suit against a number of insurance companies to recover from each its proportionate share of a loss of $41,065.92 which is alleged to have been sustained by plaintiff when the evaporator installation at its sugar factory, in St. Martin Parish, was partially destroyed on October 9, 1959. All of the defendant insurance companies had issued policies of fire insurance to plaintiff covering the sugar factory.

Defendant filed exceptions of no cause and no right of action, contending that the allegations in plaintiff’s petition described a…