AUDUBON INS. CO. v. STATE FARM MUT. INS. CO.

No. CA-0136.

425 So.2d 907 (1983)

AUDUBON INSURANCE COMPANY v. STATE FARM MUTUAL INSURANCE COMPANY and Jefferson Insurance Company of New York.

Court of Appeal of Louisiana, Fourth Circuit.

January 10, 1983.


Attorney(s) appearing for the Case

Michael K. Springmann, Dillon & Cambre, New Orleans, for appellant.

Melvin W. Mathes, A.J. Schmitt, III, Beard, Blue, Schmitt, Mathes, Koch & Williams, New Orleans, for appellee.

John Robert Sarpy, Porteous, Toledano, Hainkel & Johnson, New Orleans, for appellee.

Before GULOTTA and BYRNES, JJ., and G. WILLIAM SWIFT, Jr., J. Pro Tem.


GULOTTA, Judge.

Audubon Insurance Company (Audubon) appeals from the dismissal of its claim in subrogation for reimbursement of policy benefits paid to its insured for fire loss. We affirm.

On December 3, 1979, a fire damaged a dwelling owned by Mr. and Mrs. Patrick Adams, Sr. and occupied by their son Patrick Adams, Jr. Audubon, the homeowner's insurer of the dwelling, paid the policy limits of $24,000.00 to the owners for the loss, and thereafter filed the...

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