Indemnity Insurance Co. of North America v. Houston Fire & Casualty Insurance

Louisiana Court of Appeal

Indemnity Insurance Co. of North America v. Houston Fire & Casualty Insurance

81 So. 2d 572, 1955 La. App. LEXIS 918

CourtLouisiana Court of Appeal

DecidedJune 30, 1955

DocketNo. 4033

StatusPublished

Cited by1 cases

This text of 81 So. 2d 572 (Indemnity Insurance Co. of North America v. Houston Fire & Casualty 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.

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Indemnity Insurance Co. of North America v. Houston Fire & Casualty Insurance, 81 So. 2d 572, 1955 La. App. LEXIS 918 (La. Ct. App. 1955).

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Opinion

TATE, Judge.

This is a companion case to that of Chouest v. Remont, 81 So.2d 568, arising out of the same accident. This is a subro-gation suit by the collision insurer of F. M. Farrell against the liability insurer of Mrs. Alcide Remont. For the reasons discussed in the opinion in the companion case, since the negligence of Farrell was a concurrent proximate cause of the accident with the negligence of Mrs. Remont, plaintiff herein is barred from recovery by the contributory negligence of F. M. Farrell.

Accordingly, judgment of the lower court dismissing plaintiff-appellant’s suit is affirmed at its cost.

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TATE, Judge.

This is a companion case to that of Chouest v. Remont, 81 So.2d 568, arising out of the same accident. This is a subro-gation suit by the collision insurer of F. M. Farrell against the liability insurer of Mrs. Alcide Remont. For the reasons discussed in the opinion in the companion case, since the negligence of Farrell was a concurrent proximate cause of the accident with the negligence of Mrs. Remont, plaintiff herein is barred from recovery by the contributory negligence of F. M. Farrell.

Accordingly, judgment of the lower court dismissing plaintiff-appellant’s suit is affirmed at its cost.

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81 So. 2d 572, 1955 La. App. LEXIS 918, Counsel Stack Legal Research, https://law.counselstack.com/opinion/indemnity-insurance-co-of-north-america-v-houston-fire-casualty-lactapp-1955.

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