SOUTHERN FARM BUREAU CAS. INS. v. SONNIER

No. 81-C-1315.

406 So.2d 178 (1981)

SOUTHERN FARM BUREAU CASUALTY INSURANCE COMPANY v. Wilson J. SONNIER.

Supreme Court of Louisiana.

November 16, 1981.


Attorney(s) appearing for the Case

J. Minos Simon and Gerald J. Block of Simon & Dauterive, Lafayette, for defendant-applicant.

Richard Meaux and M. Candice Hattan of Davidson, Meaux, Sonnier & Roy, Lafayette, for plaintiff-respondent.


DENNIS, Justice.

The issue presented here is whether an insurer that pays medical and funeral expenses under its automobile insurance policy may be subrogated conventionally to its insured's right against a third party tortfeasor, and, if so, whether it may enforce the right prior to its insured's recovery of the entire amount due him. Both lower courts decided that the insurer is entitled to be paid in preference to its insured out of any proceeds either recovers...

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