ARROW TRUCKING CO. v. CONTINENTAL INS. CO.

No. 84-C-1453.

465 So.2d 691 (1985)

ARROW TRUCKING COMPANY v. CONTINENTAL INSURANCE COMPANY. Philip R. O'CONNOR, Director of Insurance for the State of Louisiana as Liquidator of Reserve Insurance Company v. CONTINENTAL INSURANCE COMPANY.

Supreme Court of Louisiana.

Rehearing Denied May 3, 1985.


Attorney(s) appearing for the Case

Mack Barham, Mary Talbott, Robert Arceneaux, Barham & Churchill, New Orleans, Neil Mixon, Jr., Baton Rouge, for applicant.

David W. Robinson, Due, Dodson, deGravelles, Robinson & Caskey, Charles A. Schutte, Jr., Owen, Richardson, Taylor, Mathews & Adkinson, Baton Rouge, Harry McCall, Corinne Morrison, Chaffe, McCall, Phillips, Toler & Sarpey, New Orleans, Horace C. Lane, Baton Rouge, Harold Broussard, Lafayette, for respondent.


CALOGERO, Justice.

May an insured, having liability coverage with an insolvent insurance company, recover from the reinsurer of the insolvent company the sum paid by the insured to an injured accident victim?

Incident to this larger question in this case we must consider whether the original insured may employ Louisiana's direct action statute to sue the reinsurer in Louisiana and whether the reinsurance contract in this case contains a stipulation pour autri...

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