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BOSCH v. CUMMINGS

No. 87-C-2020.

520 So.2d 721 (1988)

Isidro Frederick BOSCH a/k/a Frederick Bosch v. Anna Bigner CUMMINGS, State Farm Mutual Automobile Insurance Company. Connie L. Scott, and United States Fidelity and Guaranty Company. Sentry Indemnity Company.

Supreme Court of Louisiana.

February 29, 1988.

Attorney(s) appearing for the Case

C. Gordon Johnson, Jr., Cynthia A. Bacher, Porteous, Hainkel, Johnson & Sarpy, New Orleans, for applicant.

Charles A. Verderame, Giraud, Cusimano & Verderame, Melanee A. Gaudin, Deutsch, Kerrigan & Stiles, New Orleans, William D. O'Regan, III, La Place, Stephen N. Elliott, Alison E. Roberts, Bernard, Cassisa, Saporito & Elliott, Metairie, for respondents.

DENNIS, Justice.

In this case we are once again called upon to decide whether an uninsured motorist insurance carrier may assert any right of action against an insured's tortfeasor other than the right the carrier may acquire by subrogation from the insured. The court of appeal decided that the carrier ipso facto has a right of action against the tortfeasor independent of any right the carrier could have acquired by subrogation from its insured. Bosch v. Cummings...

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