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AETNA CAS. & SUR. CO. v. HANOVER INS. CO.

No. W90-585.

569 So.2d 1078 (1990)

AETNA CASUALTY & SURETY COMPANY, et al., Plaintiffs-Appellees, v. HANOVER INSURANCE COMPANY, et al., Defendants-Appellants.

Court of Appeal of Louisiana, Third Circuit.

November 7, 1990.

Attorney(s) appearing for the Case

Stafford, Stewart, Russell L. Potter, Alexandria, for plaintiffs-appellees.

Bolen, Erwin, Gwenda R. Lamb, Alexandria, Howard P. Elliott, Jr., Baton Rouge, for defendants-appellants.

Before DOMENGEAUX, C.J., and STOKER and YELVERTON, JJ.

STOKER, Judge.

This is a suit for reimbursement of worker's compensation paid. We granted a writ in this case to consider this question: If an employee is injured through the fault of a third party and brings a tort suit against the third party and his insurer, may the employee's employer or compensation carrier then seek reimbursement of compensation paid the employee where (1) the employer and carrier have never been...

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