BARRECA v. COBB

No. 95-C-1651.

668 So.2d 1129 (1996)

Ignatius J. BARRECA v. William COBB, et al.

Supreme Court of Louisiana.

February 28, 1996.


Attorney(s) appearing for the Case

Steven Franklin Griffith, Joseph Anthony Barreca, for Applicant.

Byron D. Magbee, III, for Respondent.


MARCUS, Justice.*

This concursus proceeding arose out of a personal injury suit. At issue is whether the health insurer, pursuant to a clause in its policy with the insured plaintiff, is entitled to full reimbursement of the benefits it paid on plaintiff's behalf, or whether the plaintiff is entitled to deduct a proportionate share of the attorney fees from that amount.

Plaintiff Ignatius Barreca was injured in a 1991 automobile...

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