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eBook details

• Title: Hall v. Zen-Noh Grain Corp.
• Author : Supreme Court Of Louisiana
• Release Date : January 27, 2001
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 54 KB

Description

Plaintiffs filed the instant toxic tort suit against defendant, Zen-Noh Grain Corporation (""Zen-Noh""), seeking damages for injuries allegedly caused by the actions and operations of Zen-Noh from 1975 forward. Zen-Noh, in turn, filed a third-party demand against the Louisiana Insurance Guaranty Association (""LIGA""), alleging that LIGA is liable to Zen-Noh under LIGA's general statutory obligation by virtue of the insolvency of Zen-Noh's primary insurer, The North-West Insurance Company, declared insolvent in 1984, and its excess carrier, Transit Casualty Company (""Transit""), declared insolvent in 1985. LIGA subsequently filed a peremptory exception raising the objection of no cause of action, contending that the third-party demand failed to make the requisite allegations that Zen-Noh had exhausted all applicable policies prior to proceeding against LIGA, as required by La. R.S. 22:1386.2 In particular, LIGA pointed to the separate third-party demands which Zen-Noh filed against two other insurers, Old Republic Insurance Company (""Old Republic"") and Lexington Insurance Company (""Lexington""). In response to LIGA's exception of no cause of action, Zen-Noh filed a supplemental and amending third-party demand asserting that the Transit policies were issued for the period July 7, 1982 through July 7, 1984, and that for that two-year period, Zen-Noh ""does not have a claim against an insurer under any provision in any insurance policy in effect during that time period,"" other than the policies issued by the two insolvent carriers.

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