Aetna Casualty & Surety Co. v. Hanover Insurance Co.
This text of 574 So. 2d 363 (Aetna Casualty & Surety Co. v. Hanover Insurance Co.) is published on Counsel Stack Legal Research, covering Supreme Court of Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinions
Granted. There is a genuine issue of material fact as to whether the employee notified the employer or the employer’s insurer of the suit filed by the employee against the third party tortfeasor as required by La.R.S. 23:1102. The legal issue discussed by the court of appeal, that is, whether there is a duty of the third party tortfeasor or its insurer to give notice to the employer or its insurer of the employee’s tort suit, should not be addressed until the case has been tried on the merits. Therefore, that issue is pretermitted. The judgment denying summary judgment is affirmed. The case is remanded to the district court for further proceedings.
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Cite This Page — Counsel Stack
574 So. 2d 363, 1991 La. LEXIS 410, 1991 WL 15295, Counsel Stack Legal Research, https://law.counselstack.com/opinion/aetna-casualty-surety-co-v-hanover-insurance-co-la-1991.