Legal Opinion

Zurich American Ins. Co. v. QUEEN'S MACHINERY CO., LTD.

Louisiana Court of Appeal

Decided January 27, 2009No. 08-CA-546PublishedCited by 5 opinions

1Opinion of the Court

FREDERICKA HOMBERG WICKER, Judge.

|2This is a workers’ compensation subro-gation proceeding in which the employer’s workers’ compensation insurer seeks to recover from the manufacturer of an extruder the amounts it paid or may pay in workers’ compensation benefits as a result of an alleged workplace accident involving the extruder. The manufacturer filed a reconventional demand 1 against the insurer in which it alleged the following claims: (1) spoliation of evidence; (2) mishandling of the workers’ compensation claim; and, (3) quantum meruit. The trial judge granted the workers’ compensation…

2Cases cited21 opinions

  1. Alyeska Pipeline Service Co. v. Wilderness SocietySupreme Court of the United States · 1975
  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

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3Cited by5 opinions

  1. Herster v. Bd. of Supervisors of La. State Univ.Court of Appeals for the Fifth Circuit · 2018
  2. In re GendronLouisiana Court of Appeal · 2017
  3. Guidry v. Hanover Insurance Co.Louisiana Court of Appeal · 2009
  4. Grand Isle Shipyards, Inc. v. Black Elk Offshore Operations, L.L.C.District Court, E.D. Louisiana · 2019
  5. Sundown Express, Inc. v. GonzalesLouisiana Court of Appeal · 2009

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