HARVEY v. GENERAL GUARANTY INSURANCE COMPANY

No. 2083.

201 So.2d 689 (1967)

Russell V. HARVEY, Plaintiff-Appellee, v. GENERAL GUARANTY INSURANCE COMPANY, Defendant-Third-Party Plaintiff-Appellant, and Gene B. McFERRIN, Third-Party Defendant-Appellee.

Court of Appeal of Louisiana, Third Circuit.

Rehearing Denied September 6, 1967.


Attorney(s) appearing for the Case

Jones, Kimball, Harper, Tete & Wetherill, by William M. Nolen, Lake Charles, and Deutsch, Kerrigan & Stiles, New Orleans, for defendant-appellant.

Lloyd E. Hennigan, Jr., Lake Charles, for plaintiff-appellee.

Nathan A. Cormie & Assoc., by Robert E. Morgan, Lake Charles, for third-party defendant-appellee.

Before TATE, SAVOY, and CULPEPPER, JJ.


TATE, Judge.

The trial court awarded the plaintiff policyholder the full $5,000 face amount of its policy for the total destruction of his home. The defendant fire insurer appeals. It contends, inter alia, that the amount of the recovery should be reduced because of the payment by another insurer of a portion of the loss caused by the fire.

Under the Louisiana Valued Policy Law, LSA-R.S. 22:695 subd. A, a fire insurer is obligated to pay the full amount of...

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