Peavey Co. v. M/V ANPA
Court of Appeals for the Fifth Circuit
1Opinion of the Court
JOHN R. BROWN, Circuit Judge:
Where We Are Now
Zurich Insurance Co. appeals a judgment in favor of Degesch America, Inc. for failure of Degesch, the insured, to furnish timely notice of the occurrence. 773 F.Supp. 832. Applying Louisiana law, we agree with the District Court that Zurich was not prejudiced by Degesch’s untimely notice of its claim and, alternatively, that Zurich has waived its right to raise any defense of noncoverage. We concur with the District Court that Zurich is obligated to pay the coverage fees and outstanding attorney’s fees. We do not, however, agree with the District…
2Cases cited30 opinions
- Klaxon Co. v. Stentor Electric Manufacturing Co.Supreme Court of the United States · 1941
- Carl M. Williams, Cross-Appellant v. Reading & Bates Drilling Co., and Aetna Casualty and Surety Company, Cross-AppelleesCourt of Appeals for the Fifth Circuit · 1985
- Tate v. Charles Aguillard Ins. & Real Est.Supreme Court of Louisiana · 1987
- Miller v. MarcantelLouisiana Court of Appeal · 1969
- Porphire Lanasse v. Travelers Insurance Company, the California Company, Defendant-Third Party v. Royal Insurance Company, Excess-Surplus Lines, Inc., And/or Underwriters at Lloyd's, London, Third PartyCourt of Appeals for the Third Circuit · 1972
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3Cited by52 opinions
- Steptore v. Masco Const. Co., Inc.Supreme Court of Louisiana · 1994
- Shaw Constructors, Cross-Appellee v. Icf Kaiser Engineers, Inc., Pcs Nitrogen Fertilizer, L.P.Court of Appeals for the Fifth Circuit · 2004
- Timothy Alldread v. City of GrenadaCourt of Appeals for the Fifth Circuit · 1993
- Adams v. Unione Mediterranea Di SicurtaCourt of Appeals for the Fifth Circuit · 2004
- Excess Underwriters at Lloyd's, London v. Frank's Casing Crew & Rental Tools, Inc.Texas Supreme Court · 2008
47 more not listed; retrieve them via the Exa API.