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THERIOT v. BERGERON

No. 88CA1115.

552 So.2d 1 (1989)

Emile H. THERIOT, Jr. and Barbara C. Theriot v. Phillip P. BERGERON, Appearing Individually and as Administrator of the Minor Child, Joel P. Bergeron, Allstate Insurance Company and Capital Enterprise Insurance Company.

Court of Appeal of Louisiana, First Circuit.

Concurring in Part and Dissenting in Part November 14, 1989.

Attorney(s) appearing for the Case

Michael J. Samanie, Houma, for plaintiffs and appellees, Emile Theriot Jr. and Barbara Theriot.

Donald Massey, New Orleans, for defendant and appellant, Capital Enterprise Ins. Co.

Stephen LaRussa, Houma, for defendants, Phillip Bergeron and Allstate Ins. Co.

Before CARTER, SAVOIE and ALFORD, JJ.

SAVOIE, Judge.

This case involves a purely legal issue concerning the subrogation rights of the plaintiffs' liability insurer for the medical payments it made to plaintiffs. Herein we decide: (1) that tortfeasors owe medical payments to the plaintiffs' insurer in the same proportion as they owe liability payments to the plaintiffs; and (2) that even though one tortfeasor may have sufficient insurance coverage to pay the whole...

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