Conner v. American Employers Insurance Co.

Louisiana Court of Appeal

Conner v. American Employers Insurance Co.

189 So. 2d 319, 1966 La. App. LEXIS 4781

CourtLouisiana Court of Appeal

DecidedAugust 3, 1966

DocketNo. 1775

StatusPublished

Cited by1 cases

This text of 189 So. 2d 319 (Conner v. American Employers Insurance Co.) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Conner v. American Employers Insurance Co., 189 So. 2d 319, 1966 La. App. LEXIS 4781 (La. Ct. App. 1966).

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Opinion

CULPEPPER, Judge.

This is a companion suit to LaBove v. American Employers Insurance Company, 189 So.2d 315, in which a separate decision is being rendered by us this date. The cases were consolidated because the issues are the same.

Plaintiffs are, respectively, the surviving husband and children of Mrs. Azena M. Conner who was killed while a guest passenger in the automobile being driven by Wallace LaBove. They filed a wrongful death action against LaBove’s liability insurer under an uninsured motorists clause. The allegations of their petition are essentially the same as LaBove’s. The defense is also the same, i. e., that plaintiffs settled with Willard J. Ardoin and his liability insurer for the sum of $5,000 without the written consent of the defendant insurer.

For the reasons stated in said companion suit, we are of the opinion that defendant’s motion for summary judgment was properly granted.

For the reasons assigned, the judgment appealed is affirmed. All costs of this appeal are assessed against the plaintiffs appellants.

Affirmed.

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CULPEPPER, Judge.

This is a companion suit to LaBove v. American Employers Insurance Company, 189 So.2d 315, in which a separate decision is being rendered by us this date. The cases were consolidated because the issues are the same.

Plaintiffs are, respectively, the surviving husband and children of Mrs. Azena M. Conner who was killed while a guest passenger in the automobile being driven by Wallace LaBove. They filed a wrongful death action against LaBove’s liability insurer under an uninsured motorists clause. The allegations of their petition are essentially the same as LaBove’s. The defense is also the same, i. e., that plaintiffs settled with Willard J. Ardoin and his liability insurer for the sum of $5,000 without the written consent of the defendant insurer.

For the reasons stated in said companion suit, we are of the opinion that defendant’s motion for summary judgment was properly granted.

For the reasons assigned, the judgment appealed is affirmed. All costs of this appeal are assessed against the plaintiffs appellants.

Affirmed.

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Bluebook (online)

189 So. 2d 319, 1966 La. App. LEXIS 4781, Counsel Stack Legal Research, https://law.counselstack.com/opinion/conner-v-american-employers-insurance-co-lactapp-1966.

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