JOHNSON v. FIREMAN'S FUND INS. CO.

No. 82-C-0778.

425 So.2d 224 (1982)

Joseph JOHNSON, Jr. v. FIREMAN'S FUND INSURANCE COMPANY, et al.

Supreme Court of Louisiana.

Concurring Opinion January 17, 1983.

Rehearing Denied January 21, 1983.


Attorney(s) appearing for the Case

Sidney L. Patin, Henderson, Hanemann & Morris, Houma, for applicant.

Lawrence J. Duplass, Johnston & Duplass, Robert E. Birtel, Gordon Hackman, Herbert B. Bowers, III, Hammett, Leake & Hammett, New Orleans, for respondents.


DENNIS, Justice.

We are called upon to decide whether a worker compensation insurer can recover from an uninsured motorist carrier amounts it is obliged to pay an employee whose work-related automobile accident was caused by the fault of an underinsured motorist. The previous courts held that a worker compensation carrier has no cause of action for such recovery from either the employer's or the employee's uninsured motorist carrier because neither carrier is a "third...

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