SMITH v. STATE FARM MUTUAL AUTOMOBILE INS. CO.

No. 5345.

328 So.2d 679 (1976)

Lillian SMITH et vir, Plaintiffs and Appellants, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Defendant and Appellee.

Court of Appeal of Louisiana, Third Circuit.

March 10, 1976.


Attorney(s) appearing for the Case

Kelly & Ware, by Richard N. Ware, Natchitoches, for plaintiffs-appellants.

Hall, Coltharp & Lestage, by L. H. Coltharp, Jr., DeRidder, for defendant-appellee.

Before CULPEPPER, DOMENGEAUX and PAVY, JJ.


CULPEPPER, Judge.

The sole issue presented by this appeal is whether the concept of an "underinsured" vehicle, which was added to the uninsured motorist statute of this state by Act 137 of 1972 [LSA-R.S. 22:1406(D)(2)(b)], must be applied to an accident which occurred before this statutory amendment became effective on January 1, 1973. The district judge sustained the defendant insurer's exception of no cause of action on the basis that, before the 1972 amendment...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases