AMERICAN SURETY COMPANY OF NEW YORK v. FOWLER

No. 409.

135 So.2d 663 (1961)

AMERICAN SURETY COMPANY OF NEW YORK et al., Plaintiff, v. Edgar FOWLER, Defendant-Third Party Plaintiff-Appellant, v. STATE FARM MUTUAL INSURANCE COMPANY, Third Party Defendant-Appellee.

Court of Appeal of Louisiana, Third Circuit.

December 11, 1961.


Attorney(s) appearing for the Case

Gus Voltz, Jr., Alexandria, for defendant-appellant.

Gist, Murchison & Gist, by DeWitt, T. Methvin, Jr., Alexandria, for 3rd party defendant-appellee.

Gravel, Sheffield & Fuhrer, by Leonard Fuhrer, Alexandria, for plaintiffs-appellees.

Before TATE, SAVOY and HOOD, JJ.


TATE, Judge.

The appellant Fowler is the defendant in a suit to recover damages allegedly resulting from his negligent operation of his Pontiac automobile. By third-party demand he impleaded a liability insurer (State Farm) which had issued to him a policy covering his operation of the Pontiac. After trial, the District Court dismissed Fowler's third-party demand, holding that the evidence showed that State Farm had cancelled the policy effective as of before the...

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