Green v. Commercial Standard Insurance

Louisiana Court of Appeal

Green v. Commercial Standard Insurance

196 So. 2d 301, 1967 La. App. LEXIS 5519

CourtLouisiana Court of Appeal

DecidedFebruary 23, 1967

DocketNo. 1976

StatusPublished

Cited by3 cases

This text of 196 So. 2d 301 (Green v. Commercial Standard Insurance) 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

Green v. Commercial Standard Insurance, 196 So. 2d 301, 1967 La. App. LEXIS 5519 (La. Ct. App. 1967).

Pincite

Opinion

PER CURIAM.

The plaintiffs-appellees file a motion to remand, alleging that through inadvertence an essential matter of proof was not stipulated to nor introduced into evidence, although the issue is essentially undisputed. (The omitted proof or stipulation concerned the tortfeasor Brown’s lack of insurance coverage, so as to bring the plaintiffs’ claim within the protection of the “uninsured motorist” clause of the defendant Commercial’s policy.) We have decided to exercise the discretionary powers of remand granted us to prevent possible miscarriages of justice. LSA-C.C.P. Art. 2164.

It is therefore ordered, adjudged, and decreed that the judgment of the trial court in favor of the plaintiffs-appellees be set aside. This case is remanded for further proceedings for the limited purpose of introducing evidence or stipulation on the issue of whether John Brown was an uninsured motorist at the time of the accident, with the trial court thereafter to render such judgment as is proper, on the basis of the entire record, on the plaintiffs’ demand against the defendant, Commercial Standard Insurance Company. The costs of the present appeal are assessed to the plaintiffs-appellees. Rulings by this court on all other matters are deferred until perfection of any subsequent appeal.

Remanded.

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PER CURIAM.

The plaintiffs-appellees file a motion to remand, alleging that through inadvertence an essential matter of proof was not stipulated to nor introduced into evidence, although the issue is essentially undisputed. (The omitted proof or stipulation concerned the tortfeasor Brown’s lack of insurance coverage, so as to bring the plaintiffs’ claim within the protection of the “uninsured motorist” clause of the defendant Commercial’s policy.) We have decided to exercise the discretionary powers of remand granted us to prevent possible miscarriages of justice. LSA-C.C.P. Art. 2164.

It is therefore ordered, adjudged, and decreed that the judgment of the trial court in favor of the plaintiffs-appellees be set aside. This case is remanded for further proceedings for the limited purpose of introducing evidence or stipulation on the issue of whether John Brown was an uninsured motorist at the time of the accident, with the trial court thereafter to render such judgment as is proper, on the basis of the entire record, on the plaintiffs’ demand against the defendant, Commercial Standard Insurance Company. The costs of the present appeal are assessed to the plaintiffs-appellees. Rulings by this court on all other matters are deferred until perfection of any subsequent appeal.

Remanded.

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Bluebook (online)

196 So. 2d 301, 1967 La. App. LEXIS 5519, Counsel Stack Legal Research, https://law.counselstack.com/opinion/green-v-commercial-standard-insurance-lactapp-1967.

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