Weingartner v. Fidelity Mut. Ins. Co. Of Indianapolis, Ind

Fifth Circuit

Weingartner v. Fidelity Mut. Ins. Co. Of Indianapolis, Ind

205 F.2d 833, 1953 U.S. App. LEXIS 2677

Court of Appeals for the Fifth Circuit·Decided July 10, 1953·No. 14443_1·Published·Cited by 12 cases

Opinions

HOLMES, Circuit Judge.

This is an action for personal injuries sustained by the appellants in an automobile accident that occurred in Illinois. As the cause or right of action, if any, occurred in Illinois, the rights of the parties are governed by the laws of that state. Admittedly, this action could not have been brought directly against the appellee in the courts of Illinois; and, therefore, it cannot be brought in the courts sitting in Louisiana.

Act No. 55 of the Louisiana Legislature for 1930 granted a tort claimant a right of direct action against an insurer. Said Act No. 55 was amended by Section 1 of Act No. 541 of the Acts of 1950 so as to limit the application of the statute to accidents or injuries that occurred in Louisiana. LSA-R.S., Title 22, Section 655. The court below followed the plain language of this statute, and its judgment dismissing the suit should be sustained.

Affirmed.

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HOLMES, Circuit Judge.

This is an action for personal injuries sustained by the appellants in an automobile accident that occurred in Illinois. As the cause or right of action, if any, occurred in Illinois, the rights of the parties are governed by the laws of that state. Admittedly, this action could not have been brought directly against the appellee in the courts of Illinois; and, therefore, it cannot be brought in the courts sitting in Louisiana.

Act No. 55 of the Louisiana Legislature for 1930 granted a tort claimant a right of direct action against an insurer. Said Act No. 55 was amended by Section 1 of Act No. 541 of the Acts of 1950 so as to limit the application of the statute to accidents or injuries that occurred in Louisiana. LSA-R.S., Title 22, Section 655. The court below followed the plain language of this statute, and its judgment dismissing the suit should be sustained.

Affirmed.

Weingartner v. Fidelity Mut. Ins. Co. Of Indianapolis, Ind, 205 F.2d 833, 1953 U.S. App. LEXIS 2677 (5th Cir. 1953).

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205 F.2d 833 (Weingartner v. Fidelity Mut. Ins. Co. Of Indianapolis, Ind) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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