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EGROS v. PEMPTON

No. 92-C-0306.

606 So.2d 780 (1992)

Nanette Hatten EGROS v. Johnnie E. PEMPTON, et al. Jacqueline C. MAXWELL v. Johnnie E. PEMPTON, et al.

Supreme Court of Louisiana.

October 19, 1992.

Attorney(s) appearing for the Case

John L. Dardenne, Jr., Kennon, White, Odom & Dardenne, for applicant.

Michael P. Covin, Ward & Clesi, Vincent J. Sotile, Jr., Talbot, Sotile, Carmouche, Marchand & Marcello, Allen Morris Edwards, Kevin Patrick Monohan, James P. Doré, Barron, Delahaye, Edwards & Doré, William J. Staser, for respondents.

John deGravelles, deGravelles, Palmintier & Holthaus, Robert Elton Kleinpeter, for Louisiana Trial Lawyers Ass'n, amicus curiae.

COLE, Justice.

This case presents the issue of whether an uninsured/underinsured motorist (UM) insurer may recover in subrogation the damages paid to its insured from a non-motorist joint tortfeasor; and if so, to what extent the UM insurer should recover when the non-motorist is only partially at fault. Considering the language of LSA-R.S. 22:1406(D)(4) and the public policy which supports the statute, we conclude that in this case the UM insurer may recover in subrogation...

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