Legal Opinion

Cunard Line Ltd. v. Datrex, Inc.

Louisiana Court of Appeal

Decided December 9, 2009No. 09-656Published

1Opinion of the Court

PAINTER, Judge.

| [Third-Party Defendants, Twin City Fire Insurance Company and The Hartford (the insurers), appeal the judgment of the trial court which found that they had a duty to defend their insured, Datrex, Inc. (Datrex), against a claim by Cunard Line Limited Co. (Cunard) and assessing defense costs, attorney’s fees and penalties.

FACTS

The underlying facts of the case are not in dispute.

Cunard bought a Low Level Lighting System from Datrex which was received and installed in 1997. In March 2002, Cunard sued Datrex alleging that the system did not perform up to Coast Guard standards.…

2Cases cited19 opinions

  1. American Home Assurance Company v. CzarnieckiSupreme Court of Louisiana · 1969
  2. Steptore v. Masco Const. Co., Inc.Supreme Court of Louisiana · 1994
  3. Cole v. MurrayLouisiana Court of Appeal · 1927
  4. Leenerts Farms, Inc. v. RogersSupreme Court of Louisiana · 1982
  5. Meloy v. Conoco, Inc.Supreme Court of Louisiana · 1987

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