MONCRIEF v. PANEPINTO

No. 88-CA-743.

540 So.2d 1304 (1989)

Margaret MONCRIEF v. Joyce Panepinto, Wife of/and Phillip PANEPINTO and State Farm Automobile Insurance Company.

Court of Appeal of Louisiana, Fifth Circuit.

March 15, 1989.


Attorney(s) appearing for the Case

John A. Kopfinger, Jr., C. Gordon Johnson, Jr., Porteous, Hainkel, Johnson & Sarpy, New Orleans, for defendants-appellees Joyce B. Panepinto, wife of/and Philip Panepinto.

Gerald J. Talbot, Lemle, Kelleher, Kohlmeyer, Dennery, Hunley, Moss & Frilot, New Orleans, for third party plaintiff & appellant St. Paul Fire & Marine Ins. Co.

Before KLIEBERT, GAUDIN and DUFRESNE, JJ.


KLIEBERT, Judge.

When this case was previously before us we decided the underinsured motorist carrier, St. Paul Fire and Marine Insurance Company, appellant, had a right of action against the tortfeasor independent of any right the carrier acquired by subrogation from its insured. Accordingly, we affirmed the trial court's ruling denying the tortfeasor's exception of no cause of action based on a release of the tortfeasor by St. Paul's insured. See Moncrief v....

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