PETERSON v. STATE FARM MUTUAL AUTOMOBILE INS. CO.

No. 6078.

291 So.2d 831 (1974)

Alma Hobbs PETERSON, Individually and as Dative Testamentary Executrix of the Succession of Harold W. Peterson v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY.

Court of Appeal of Louisiana, Fourth Circuit.

Rehearing Denied April 9, 1974.

Writ Refused May 24, 1974.


Attorney(s) appearing for the Case

Henry P. Dart, III, New Orleans (Dart & Dart, New Orleans), for plaintiff-appellant.

Edward P. Lobman, New Orleans (Sessions, Fishman, Rosenson, Snellings & Boisfontaine, New Orleans), for defendant-appellee.

Before REDMANN, STOULIG and BOUTALL, JJ.


REDMANN, Judge.

Plaintiff appeals the dismissal on the merits of her suit against an automobile insurer for her husband's personal injury and wrongful death.

The main issue is liability. If liable, defendant argues deductibility from its $10,000 liability limit of $2,000 medical payments made under the same policy, although damages would exceed the sum of both limits.

FACTS

Plaintiff's husband, Peterson, was injured by and within two weeks...

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