CARONA v. STATE FARM INS. CO.

Nos. 84-C-0287, 84-C-0279, 84-C-0234, 82-C-0274 and 84-C-0092.

458 So.2d 1275 (1984)

Joseph CARONA, Jr. v. STATE FARM INSURANCE COMPANY. Paul ROCHE v. CUMIS INSURANCE SOCIETY, INC. Anthony J. DALMADO, Jr. v. CUMIS INSURANCE SOCIETY, INC. Lois E. Halter, Wife of and Claude CANCIENNE v. Rodrigo M. SAAVERDRA, the Fidelity and Casualty Company of New York and State Farm Insurance Company. Mary H. Decedue, Wife of/and Charles DECEDUE v. GOVERNMENT EMPLOYEES INSURANCE COMPANY.

Supreme Court of Louisiana.

Concurring Opinion December 3, 1984.

Rehearing Denied January 4, 1985.


Attorney(s) appearing for the Case

Gregory J. Avery, Orrill & Avery, New Orleans, for plaintiff-applicant in No. 84-C-0287.

Daniel R. Hynes, Porteous, Hainkel, Johnson & Sarpy, New Orleans, for defendants-respondents in Nos. 84-C-0287, 84-C-0234 and 84-C-0274.

C. Gordon Johnson, Jr., Porteous, Hainkel, Johnson & Sarpy, New Orleans, for defendant-respondent in No. 84-C-0287 and No. 84-C-0274.

Dennis Jude Dannel, New Orleans, for plaintiff-applicant in No. 84-C-0279.

Robert E. Kerrigan, Jr., Philip D. Lorio, III, Deutsch, Kerrigan & Stiles, New Orleans, for defendant-respondent in No. 84-C-0279.

Raymond C. Burkart, Jr., New Orleans, for plaintiff-applicant in No. 84-C-0234.

Henry Leon Sarpy, Porteous, Hainkel, Johnson & Sarpy, New Orleans, for defendant-respondent in No. 84-C-0234.

Gary T. Breedlove, Metairie, Steven B. Witman, Gretna, for plaintiffs-applicants in No. 84-C-0274.

James S. Thompson, Porteous, Hainkel, Johnson & Sarpy, New Orleans, for defendant-respondent in No. 84-C-0274.

William W. Hall, Hall, Lentini, Mouledoux & Wimberly, Metairie, for plaintiff-applicant in No. 84-C-0092.

Carmelite M. Bertau, Hammett, Leake & Hammett, New Orleans, for defendant-respondent in No. 84-C-0092.


DENNIS, Justice.

We are called upon to decide whether a personal injury claimant who settles with an uninsured or underinsured tortfeasor renounces his rights against his uninsured motorist (UM) insurer if he fails to expressly reserve them. In each of these consolidated cases a summary judgment was rendered or an exception of res judicata was sustained by the trial court in favor of a UM carrier, and affirmed by an appeals...

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