UNITED STATES COURT OF APPEALS
For the Fifth Circuit
No. 96-31248
Summary Calendar
BHNO PARTNERS, LIMITED,
Plaintiff-Appellee,
VERSUS
CANTERBURY JOINT VENTURE,
Defendant-Appellant.
Appeal from the United States District Court
For the Eastern District of Louisiana
(96-CV-2498)
May 1, 1997
Before WISDOM, JOLLY, and BENAVIDES, Circuit Judges.
PER CURIAM:*
The defendant Canterbury Joint Venture appeals the district
court’s determination that the plaintiff BHNO Partners is the
rightful owner of all insurance proceeds paid by Allendale
Insurance Mutual Corporation under coverage provided by policy
number JU028 for casualty loss to certain mortgaged property.
*
Pursuant to Local Rule 47.5, the court has determined that
this opinion should not be published and is not precedent except
under the limited circumstances set forth in Local Rule 47.5.4.
After de novo review, we find that, under the unambiguous terms
of the mortgage and Allendale policy, BHNO is entitled to the
insurance proceeds. Canterbury’s contention that Rushing v.
Dairyland Ins. Co.1 precludes BHNO from receiving the proceeds is
without merit. The Louisiana Deficiency Judgment Act’s
underlying purpose is to protect a debtor from an over-reaching
creditor.2 The provisions of the Louisiana Deficiency Judgment
Act and its underlying purpose are inapplicable to the instant
case. BHNO is not seeking a deficiency judgment against
Canterbury, but is instead seeking insurance proceeds from
Allendale. BHNO is entitled. The district court’s judgment is
AFFIRMED.
1
456 So.2d 599 (La. 1984).
2
First Nat. Bank of Houma v. Bailey, 583 So.2d 559, 563
(La. App. 3 Cir. 1991).
2