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DEGELOS v. FIDELITY AND CASUALTY COMPANY OF NEW YORK

No. 19899.

313 F.2d 809 (1963)

Mrs. Edith Adams DEGELOS, individually, and as natural tutrix of her minor daughter, Carolyn Jeanne Degelos, Appellant, v. The FIDELITY AND CASUALTY COMPANY OF NEW YORK and United Services Automobile Association, Appellees.

United States Court of Appeals Fifth Circuit.

Rehearing Denied March 13, 1963.

Attorney(s) appearing for the Case

Murray F. Cleveland, New Orleans, La., Edwards & Edwards, Nolan J. Edwards, Crowley, La., Henican, James & Cleveland, New Orleans, La., for appellant.

Fred H. Sievert, Jr., and Plauche & Stockwell, Lake Charles, La., for Fidelity & Casualty Co. of New York.

Donald Labbe and Voorhies, Labbe, Voorhies, Fontenot & Leonard, Lafayette, La., for United Services Automobile Ass'n.

Before HUTCHESON, BROWN and WISDOM, Circuit Judges.

JOHN R. BROWN, Circuit Judge.

This case presents the question whether in a suit nominally against a liability insurer under the Louisiana Direct Action Statute,1 the plaintiff may call the assured as an adverse witness under F.R.Civ.P. 43(b).2 As we did in Maryland Casualty Co. v. Kador, 5 Cir., 1955, 225 F.2d 120, we hold that the...

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