POCHE v. CITY OF NEW ORLEANS

No. CA 7831.

518 So.2d 1137 (1987)

Roseanne POCHE, et al. v. CITY OF NEW ORLEANS, and United of Omaha Life Insurance Company.

Court of Appeal of Louisiana, Fourth Circuit.

Rehearing Denied February 11, 1988.

Writ Denied March 25, 1988.


Attorney(s) appearing for the Case

Lawrence S. Kullman, Kierr, Gainsburgh, Benjamin, Fallon & Lewis, New Orleans, for plaintiffs/appellees.

Thomas E. Loehn, Boggs, Loehn & Rodrigue, New Orleans, for defendant/appellant.

Before SCHOTT, BARRY and BYRNES, JJ.


SCHOTT, Judge.

This is an action for reimbursement or subrogation by a health insurer against its insured to recover benefits paid for medical expenses incurred by the insured after an automobile accident. The insured settled her case against the third party tortfeasor for a sum which, by stipulation between these parties, was intended to exclude past medical expenses. From a judgment dismissing the insurer's claim, the insurer has appealed. The issue is whether the...

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