STURGEON v. STRACHAN SHIPPING CO.

No. 82-3229 Summary Calendar.

731 F.2d 255 (1984)

Arthur W. STURGEON, Plaintiff, Aetna Casualty and Surety Company, Intervenor, v. STRACHAN SHIPPING COMPANY, Defendant-Third Party Plaintiff-Appellee, v. BANKERS AND SHIPPERS INSURANCE COMPANY OF NEW YORK, Third Party Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

May 3, 1984.


Attorney(s) appearing for the Case

Tooley, Waldmann & Weidner, John F. Tooley, Jr., Gretna, La., for third party defendant-appellant.

Hailey, McNamara, McNamara & Hall, Laurence E. Larmann, Metairie, La., for defendant-third party plaintiff-appellee.

Before CLARK, Chief Judge, BROWN, GEE, RUBIN, REAVLEY, POLITZ, RANDALL, TATE, JOHNSON, WILLIAMS, GARWOOD, JOLLY, and HIGGINBOTHAM, Circuit Judges.


GEE, Circuit Judge:

We are asked today to formulate the test of Louisiana law applicable in insurance suits to determine when a loader or unloader may claim omnibus coverage as a "borrower" of the vehicle under the standard loading and unloading clause of the trucking company's policy — and asked to apply that test to the prototypical facts of this case. A panel of this Court has already performed both these tasks: in McDaniels v. Great American Atlantic...

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