FONTENOT v. MARQUETTE CASUALTY CO.

No. 50716.

247 So.2d 572 (1971)

258 La. 671

Eugene FONTENOT and Cecilia Fontenot v. MARQUETTE CASUALTY CO., et al.

Supreme Court of Louisiana.

May 4, 1971.


Attorney(s) appearing for the Case

Porteous, Toledano, Hainkel & Johnson, William A. Porteous, III, New Orleans, for third party defendant and appellant.

Drury, Lozes & Curry, Felicien P. Lozes, New Orleans, for defendants, third party plaintiffs and appellees.

Porteous, Toledano, Hainkel & Johnson, William A. Porteous, New Orleans, Larry P. Boudreaux, Donald J. Greene, Geoffry D. C. Best, LeBoeuf, Lamb, Leiby & MacRae, New York City, Ronald A. Jacks, Charles W. Havens, III, Washington, D. C., for amicus curiae.


BARHAM, Justice.

The issue for determination is whether the rights of a third person damaged by a party who is insured may be exercised in a direct action for his damages against the reinsurer of the tort feasor's insolvent liability insurer. Contrary to the Court of Appeal, we hold that the treaty or contract of reinsurance here and the law do not permit a direct action by such third person against the reinsurer.

This litigation began as an action for personal...

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