COBB v. EMPIRE FIRE AND MARINE INS. CO.

No. 85-474.

488 So.2d 349 (1986)

Charles Oliver COBB, Plaintiff-Appellee, v. EMPIRE FIRE AND MARINE INSURANCE COMPANY, Defendant-Appellant.

Court of Appeal of Louisiana, Third Circuit.

May 14, 1986.


Attorney(s) appearing for the Case

Stafford, Stewart & Potter, Brad Gadel, Alexandria, for defendant-appellant.

Hill & Leavoy, Leslie R. Leavoy, Jr., David E. Stone, Alexandria, for plaintiff-appellee.

Before DOMENGEAUX and YELVERTON, JJ., and JACKSON, J. Pro Tem.


YELVERTON, Judge.

The issue presented by this case is whether the fee of an attorney consulted by the insured before the insurer provided its own attorney may be taxed to the insurer as a cost of its duty to defend the insured.

Charles Cobb, the plaintiff in this suit, was involved in a vehicular accident in February of 1982. At that time Cobb was employed by Petroleum Transport Company whose insurer was the present...

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