ROCHA v. LANDRY

Nos. 91 CA 2314, 91 CA 2315 and 91 CA 2316.

615 So.2d 995 (1993)

Jacqueline M. ROCHA and George Rocha, Individually and as Administrator of the Estate of his Minor Children, Scott Rocha and Jason Rocha, and Ronald J. Labauve, Individually and as Administrator of the Estate of his Minor Child, Keith Labauve v. Daniel J. LANDRY, Donald R. Bourg, Inc., Canal Indemnity Company, and State Farm Mutual Automobile Ins. Co. Debra M. LABAUVE v. Daniel J. LANDRY, Donald R. Bourg, Inc., Canal Indemnity Company. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY v. Daniel J. LANDRY, Donald R. Bourg, Inc., and Canal Insurance Company.

Court of Appeal of Louisiana, First Circuit.

March 5, 1993.


Attorney(s) appearing for the Case

Fredrick W. Bradley, Kathleen F. Ketchum, New Orleans, for Canal Imdem. Co.

Maurice P. Mathieu, Mathieu & Dagate, Houma, for State Farm Mut. Auto. Ins. Co.

Lauren A. Welch, New Orleans, for C.S. Industries and Insurance Co. of North America.

Harold J. Lamy, Barker, Boudreaux, Lamy & Foley, New Orleans, for Jacqueline and George Rocha.

Raymond L. Hess, New Orleans, for Debra M. Lebauve.

Before LOTTINGER, C.J., and FOIL and FOGG, JJ.


LOTTINGER, Chief Judge.

This case involves an insurer's right to sue a fellow insurer to recover a portion of an amount paid in settlement of a claim for which both insurers allegedly provided coverage.

FACTS

On January 25, 1985, a tractor-trailer, driven by Daniel J. Landry, struck an automobile injuring the driver, Debra Labauve, and the four other occupants. Landry, an employee of Donald R. Bourg, Inc. (Bourg), was acting within the course and...

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