FIDELITY & CASUALTY COMPANY OF NEW YORK v. CARPENTER

No. 15972.

234 F.2d 528 (1956)

The FIDELITY & CASUALTY COMPANY OF NEW YORK, Appellant, v. Mrs. Claire B. CARPENTER, etc., et al., Appellees.

United States Court of Appeals Fifth Circuit.

Rehearing Denied July 3, 1956.


Attorney(s) appearing for the Case

Maurice J. Wilson, Baton Rouge, La., Breazeale, Sachse & Wilson, Baton Rouge, La., for appellant.

Ben R. Miller, Baton Rouge, La., Sanders, Miller, Downing, Rubin & Kean, Baton Rouge, La., for appellees.

Before TUTTLE, CAMERON and JONES, Circuit Judges.


TUTTLE, Circuit Judge.

This is an appeal by the insurer from a judgment of the trial court based on a jury verdict in an action brought by an injured party directly against the insurer under the Louisiana direct action law. The basis of the appeal is appellant's contention that the real tort feasor, one Hackett, was not an "insured" under the terms of the policy issued to Hackett's employer, Rudolph Ramelli, Inc., and that at the time of the accident Hackett was not...

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