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SMITH v. CUMIS INS. SOCIETY, INC.

No. 13034.

417 So.2d 1361 (1982)

Earl SMITH v. CUMIS INSURANCE SOCIETY, INC., Allstate Insurance Company, and Earl Venible.

Court of Appeal of Louisiana, Fourth Circuit.

July 7, 1982.

Attorney(s) appearing for the Case

William T. Bringle, New Orleans, for plaintiff-appellee.

Porteous, Toledano, Hainkel & Johnson, David J. Mitchell, New Orleans, for defendant/appellant Cumis Ins. Society, Inc.

Before GULOTTA, GARRISON and BARRY, JJ.

GULOTTA, Judge.

Appealing from a $3,394.17 jury verdict in this automobile accident case, Cumis Insurance Society, Inc., insurer of the owner of the defendant vehicle, contends: 1) plaintiff failed to prove insurance coverage by Cumis; 2) plaintiff had no right of action since his own insurer, Allstate Insurance Company, became subrogated to his claim; and, 3) the $1,302.69 jury award for property damage was erroneous because it exceeded the automobile's value.

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