Legal Opinion

Westchester Surplus Lines Insurance v. Pacorini Metals, USA, L.L.C.

Louisiana Court of Appeal

Decided December 19, 2013No. 13-CA-288PublishedCited by 2 opinions

1Opinion of the Court

SUSAN M. CHEHARDY, Chief Judge.

[2The plaintiff appeals a judgment that granted the defendant’s exceptions of no right of action and no cause of action. We reverse and remand.

STATEMENT OF THE CASE

In July 2011, Westchester Surplus Lines Insurance Company (“Westchester”) filed suit against Pacorini Metals, USA, L.L.C. (“Pacorini”), for damage to a warehouse owned and managed by Westchester’s insureds, Edwards Avenue Partners (“EAP”) and Transportation Consultants, Inc. (“TCI”). Westchester alleged that Pacorini damaged the property through intentional fault or gross negligence and that…

2Cases cited12 opinions

  1. Canovsky v. GehrsenLouisiana Court of Appeal · 1927
  2. Everything on Wheels Subaru, Inc. v. Subaru South, Inc.Supreme Court of Louisiana · 1993
  3. City of New Orleans v. Board of Com'rsSupreme Court of Louisiana · 1994
  4. Fink v. BryantSupreme Court of Louisiana · 2001
  5. La. Paddlewheels v. La. Riverboat GamingSupreme Court of Louisiana · 1994

7 more not listed; retrieve them via the Exa API.

3Cited by2 opinions

  1. Roubion Shoring Co. v. Crescent Shoring, L.L.C.Louisiana Court of Appeal · 2017
  2. Hammer v. P H I IncDistrict Court, W.D. Louisiana · 2019

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