STEWART v. CRAN-VELA RENTAL CO., INC.

No. 74-1107.

510 F.2d 982 (1975)

Marvin E. STEWART, Plaintiff, v. CRAN-VELA RENTAL CO., INC., Third-Party Defendant-Appellant, SHELL OIL COMPANY, Defendant-Third-Party Plaintiff-Appellee. XYZ Insurance Co., Defendant, State Automobile & Casualty Underwriters, Intervenor.

United States Court of Appeals, Fifth Circuit.

April 7, 1975.


Attorney(s) appearing for the Case

Geoffrey H. Longenecker, for defendant-appellant.

Abraham Gerber, New Orleans, La., for North West Ins. Co., amicus curiae.

Edward J. Koehl, Jr., John R. Peters, Jr., New Orleans, La., for defendant-appellee.

Phillip T. Hager, New Orleans, La., for Stewart.

Before BELL, AINSWORTH and RONEY, Circuit Judges.


RONEY, Circuit Judge:

In Allen v. Texaco, Inc., 510 F.2d 977 (5th Cir. 1975), we held that a workmen's compensation insurance carrier's waiver of subrogation rights as to a third party precludes the carrier from asserting a right to a compensation lien against the settlement proceeds received by the injured employee when he sues the third party for damages because of his injuries. This case presents this same issue in a slightly different...

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