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CASUALTY RECIPROCAL EXCHANGE v. DUKARIE

No. CA 91 1513.

607 So.2d 834 (1992)

CASUALTY RECIPROCAL EXCHANGE v. Michele S. DUKARIE and Champion Insurance Company.

Court of Appeal of Louisiana, First Circuit.

Writ Denied December 21, 1992.

Attorney(s) appearing for the Case

Boris F. Narratil, David Hardy, Baton Rouge, for plaintiff-appellant.

William E. Willard, Baton Rouge, for defendant-appellee.

Geraldine Fontenot, Baton Rouge, for third party defendant-appellee.

Before EDWARDS, SHORTESS and WHIPPLE, JJ.

EDWARDS, Judge.

The issue in this suit for monetary damages is whether a subrogated insurer and member of the Louisiana Insurance Guaranty Association, who brought suit against the insured of an insolvent carrier before the 1990 amendment to LSA-R.S. 22:1379(3) specifically excluding the insured from such a suit, can enforce its subrogation claim. We agree with the trial court that such a claim was prohibited and affirm the trial court's judgment.

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