AUDUBON INSURANCE COMPANY v. FRANCOIS

No. 6878.

315 So.2d 354 (1975)

AUDUBON INSURANCE COMPANY v. Rosemary Francois, wife of/and Alvin FRANCOIS and Marc A. Levy.

Court of Appeal of Louisiana, Fourth Circuit.

July 8, 1975.


Attorney(s) appearing for the Case

Bienvenu & Culver, J. Michael Johnson, New Orleans, for Audubon Ins. Co.

Benjamin Washastrom, New Orleans, for Rosemary Francois, wife of/and Alvin Francois.

Before GULOTTA, STOULIG and MORIAL, JJ.


STOULIG, Judge.

Plaintiff, Audubon Insurance Company, as subrogee of its insured Marc Levy, filed suit against Rosemary and Alvin Francois for $679.01, the amount it paid Levy under collision coverage in the policy it issued to him. Plaintiff, alleging it had a conventional contract of subrogation, claimed Mrs. Francois' negligence was the sole proximate cause of the damage. Alternatively, the plaintiff averred should the court hold that Levy did execute a valid release...

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