FERTITTA v. ALLSTATE INS. CO.

Nos. 83-C-2294, 83-C-2616.

462 So.2d 159 (1985)

Andrea Clesi FERTITTA and Jack Gathian Fertitta v. ALLSTATE INSURANCE COMPANY, et al.

Supreme Court of Louisiana.

Rehearing Denied March 21, 1985.


Attorney(s) appearing for the Case

Donald R. Smith, Ellison & Smith, Baton Rouge, for applicant in No. 83-C-2294 and for respondents in No. 83-C-2616.

Stephen E. Broyles, Glusman, Moore, Wilkinson, Arbour, Broyles & Glusman, Baton Rouge, for respondents in No. 83-C-2294 and for applicant in No. 83-C-2616.

Ben F. Day, Olds & Day, Baton Rouge, for respondents in both cases.


LEMMON, Justice.

This case presents the issue of whether the tort victim's judgment against the tortfeasor for the full amount of the victim's damages should be reduced by the amount of the victim's pretrial settlement with his underinsured motorist carrier, when the latter as part of the settlement has waived any right of reimbursement or subrogation.

Plaintiff, Andrea Fertitta, while riding as a passenger in the family automobile driven by her husband, was...

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