Hillman v. Marcello Agency, Inc. 545 So. 2d 538

In re Marcello Agency Inc.; — Defendants); Applying for Writ of Certiorari and/or Review; to the Court of Appeal, First Circuit, Number CA88 0007; Parish of Lafourche 17th Judicial District Court Div. “B” No. 58,883.

Prior report: La.App., 542 So.2d 1178.

Denied.

CALOGERO, J.,

concurs in the denial. Relator has no right at this juncture to complain about plaintiffs defeat at the hands of the underwriters. Consequently in my view relator will not be precluded from defending plaintiffs claim against relator, still pending in the district court, on the premise that the policies are applicable to this loss.

DIXON, C.J., and DENNIS, J., would grant the writ.