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JORDAN v. SWEENEY

No. CA 83 1287.

467 So.2d 569 (1985)

Michael Scott JORDAN v. Howard K. SWEENEY, et al.

Court of Appeal of Louisiana, First Circuit.

Rehearing Denied April 12, 1985.

Writ Denied May 31, 1985.

Attorney(s) appearing for the Case

Walter R. Krousel, Jr., Steve Marks, Baton Rouge, for plaintiff-appellant.

Ben Louis Day, Roger Fritchie and Ben Lightfoot, Horace C. Lane, Kenneth Barnette and James Morgan, Baton Rouge, for defendants-appellees.

Before COLE, CARTER and LANIER, JJ.

COLE, Judge.

This is a suit for damages stemming from personal injuries.

Presented on appeal is the primary issue of whether or not the claimant, who settled with the tortfeasor, renounced his rights against the uninsured motorist (UM) carrier because he failed to expressly reserve them. Recent jurisprudential development1 has resolved this issue adverse to the UM insurer, requiring us to reverse the trial court and to consider...

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