SUTTERFIELD v. FIREMAN'S FUND AM. INS. CO.

No. 7953.

344 So.2d 1159 (1977)

Sara Jackson, wife of and James R. SUTTERFIELD, et al. v. FIREMAN'S FUND AMERICAN INSURANCE COMPANY et al.

Court of Appeal of Louisiana, Fourth Circuit.

April 13, 1977.


Attorney(s) appearing for the Case

Sutterfield & Vickery (James R. Sutterfield), New Orleans, for plaintiffs-appellees.

Beard, Blue, Schmitt & Mathes (Robert M. Johnston), New Orleans, for defendant-appellant.

Before SAMUEL, REDMANN and LEMMON, JJ.


LEMMON, Judge.

This suit by James Sutterfield seeks recovery against his liability insurer under uninsured motorist coverage for injuries sustained by him, his wife and his children in an automobile accident. The insurer appealed after an adverse judgment following a trial on the merits.

On appeal the insurer reasserts its exception of res judicata on the basis that Sutterfield divided an "obligation due him" in violation of C.C.P. art. 425 by proceeding to...

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