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ST. PAUL FIRE & MARINE INS. v. WHITMIRE

No. 90-CA-782.

578 So.2d 1180 (1991)

ST. PAUL FIRE & MARINE INSURANCE COMPANY v. Virgie R. WHITMIRE and A & B Insurance Co.

Court of Appeal of Louisiana, Fifth Circuit.

Writ Denied June 21, 1991.

Attorney(s) appearing for the Case

Dennis Paul Juge, Jeffery C. Napolitano, New Orleans, for plaintiffs-appellants.

John J. McGuckin, Jr., Kevin K. Gipson, Metairie, James S. Rees, III, New Orleans, for defendants-appellees.

Before BOWES, DUFRESNE and WICKER, JJ.

DUFRESNE, Judge.

This case involves the right of a workman's compensation insurer to recover compensation benefits paid to an employee from a third-party tortfeasor, pursuant to La.R.S. 23:1101-1103, when that tortfeasor has settled the claim with the employee without being given notice that the employee has been paid such benefits.

The facts are not in dispute. On September 19, 1984, James L. Perrie, the employee, was injured in a head-on automobile collision...

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