LUMBERMENS MUT. CAS. CO. v. ROLLINGS

No. 8802.

355 So.2d 1041 (1978)

LUMBERMENS MUTUAL CASUALTY COMPANY and Max Ferran & Son, Inc. v. Sharleen ROLLINGS, Larry Rollings and Continental Insurance Company.

Court of Appeal of Louisiana, Fourth Circuit.

February 14, 1978.


Attorney(s) appearing for the Case

Kierr, Gainsburgh, Benjamin, Fallon & Lewis, Jack C. Benjamin, Arthur A. Crais, Jr., New Orleans, for defendant-third party defendant-appellant, Continental Ins. Co.

James L. Bates, Jr., New Orleans, for defendants-third party plaintiffs-appellees, Sharleen Rollings and Larry Rollings.

Before GULOTTA, SCHOTT and WICKER, JJ.


GULOTTA, Judge.

The sole issue confronting us is whether an automobile liability insurer has the responsibility to defend a suit filed against the driver of an automobile owned by the named insured, when the driver did not have permission from the insured to use the automobile, but the petition alleges this permission existed. We conclude, under these circumstances, the insurer is liable for the expense of the driver's defense although the trial court determined,...

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