AMERICAN INDEMNITY CO. v. NEW YORK F. & M. UNDER., INC.

Nos. 6890, 6891.

196 So.2d 592 (1967)

AMERICAN INDEMNITY COMPANY v. NEW YORK FIRE & MARINE UNDERWRITERS, INC., et al. Nelson T. McQUISTON v. NEW YORK FIRE & MARINE UNDERWRITERS, INC., et al.

Court of Appeal of Louisiana, First Circuit.

March 13, 1967.


Attorney(s) appearing for the Case

Foil, Gill & Beckner, Baton Rouge, for American Indemnity Co., appellant case No. 6890.

Seale, Hayes, Smith & Baine, Baton Rouge, for New York Fire & Marine Underwriters, Inc., et al.

Wray & Simmons, Baton Rouge, for Nelson T. McQuiston.

Before LANDRY, ELLIS and BAILES, JJ.


LANDRY, Judge.

These separate but related cases, consolidated for purposes of trial and appeal arise from a single automobile accident. They present for resolution the question of whether an insured, who has received payment of medical benefits pursuant to an automobile liability policy issued by his own insurer, or the insurer who has paid such a claim, is entitled to recover the amount thus paid from a third party tort-feasor when the policy is silent as to subrogation...

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