HEBERT v. GUASTELLA

No. 12225.

409 So.2d 375 (1982)

Bridget A. HEBERT v. Rosario GUASTELLA, Jr., et al.

Court of Appeal of Louisiana, Fourth Circuit.

January 12, 1982.


Attorney(s) appearing for the Case

Singerman, Cosentino, Toups & Troyer, John P. Cosentino, New Orleans, for plaintiff-appellant.

Jones, Walker, Waechter, Poitevent, Carrere & Denegre, John G. Gomila, Jr., New Orleans, for defendant-appellee Travelers Ins. Co.

Before REDMANN, GULOTTA and BARRY, JJ.


REDMANN, Judge.

An insured appeals from a summary judgment dismissing part of her claims against her insurer. She sought both uninsured motorist insurance benefits and damages from (or injunctive relief against) the insurer having treated a passenger's uninsured motorist claim as, instead, a liability claim.

The summary judgment motion theorized that a liability insurer's contractually preserved right to settle claims "as it deems expedient" places such a...

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