Cited by
Opinions in Louisiana that cite Gunter v. Lord, 140 So. 2d 11.
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Bozeman v. State
879 So. 2d 692
La. 2004
(1962), expresses the Louisiana Supreme Court's acceptance of the collateral source rule."
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Surgi v. Otis Elevator Co.
541 So. 2d 297
La. Ct. App. 5th Cir. 1989
959 , as follows: While a tortfeasor is entitled to credit for payments made through insurance procured by the tortfeasor himself, , (1962), the plaintiff's tort recovery is not diminished because of payments made through insurance of other collateral sources independent of the wrongdoer's procuration or contribution, ...
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Norris v. State Farm Fire & Casualty Co.
416 So. 2d 321
La. Ct. App. 1st Cir. 1982
La.App., the court held as follows: “While a tort feasor is entitled to credit for payments made through insurance procured by the tort feasor himself, Gunter v. Lord, [ ] , the plaintiff’s tort recovery is not diminished because of payments made through insurance of other collateral sources independent of the wrongdoer’s procuration or contribution, Gunter v. Lord, at .” The Collateral Source Rule is applicable in this case and accordingly, the appellants’ c
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Bryant v. NEW ORLEANS PUBLIC SERV. INC.
406 So. 2d 767
La. Ct. App. 4th Cir. 1982
959 , , the collateral source rule provides: "While a tortfeasor is entitled to credit for payments made through insurance procured by the tortfeasor himself, , (1962), the plaintiff's tort recovery is not diminished because of payments made through insurance of other collateral sources independent of the wrongdoer's procuration or contribution, Gunter v. Lord at ; American Indemnity Co. v. New York Fire & Marine Underwriters Inc.
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Hawthorne v. Southeastern Fidelity Ins. Co.
387 So. 2d 26
La. Ct. App. 3d Cir. 1980
3rd Cir. 1968) we noted the applicability of the collateral source rule as follows: "While a tortfeasor is entitled to credit for payments made through insurance procured by the tortfeasor himself, , (1962), the plaintiff's tort recovery is not diminished because of payments made through insurance of (sic) other collateral sources independent of the wrongdoer's procuration or contribution, Gunter v. Lord at ; American Indemnity Co. v. New York Fire & Marine Underwriters, Inc., 196 S
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Wallace v. Pan American Fire & Cas. Co.
352 So. 2d 1048
La. Ct. App. 3d Cir. 1978
3rd Cir. 1968), we held as follows: "While a tortfeasor is entitled to credit for payments made through insurance procured by the tortfeasor himself, , (1962), the plaintiff's tort recovery is not diminished because of payments made through insurance of (sic) other collateral sources independent of the wrongdoer's procuration or contribution, Gunter v. Lord at ; American Indemnity Co. v. New York Fire & Marine Underwriters Inc., 196 So
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Norris v. Allstate Insurance Company
293 So. 2d 918
La. Ct. App. 3d Cir. 1974
(1962), involved the question of whether an injured passenger in an insured vehicle may recover under both the medical expense provisions of the policy and the liability coverage.
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Brasseaux v. Southern Farm Bureau Casualty Insurance
295 So. 2d 587
La. Ct. App. 3d Cir. 1974
at IS (1962), liability coverages were held to be contractual obligations.
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Peterson v. State Farm Mutual Automobile Insurance
291 So. 2d 831
La. Ct. App. 1st Cir. 1974
Defendant argues from Gunter v. Lord, 1962, , , that an injured party cannot recover from both bodily injury liability coverage and medical payment coverage and therefore defendant insurer’s maximum remaining liability is $8,000.
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Crenwelge v. State Farm Mutual Automobile Ins. Co.
277 So. 2d 155
La. Ct. App. 3d Cir. 1973
(1962), our Supreme Court held that injured automobile passengers, who were paid their medical expenses under medical payments provisions of the policy, could not again be awarded the same medical expenses in a tort action brought directly against the insurer under the same policy.
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Dupre v. Vidrine
261 So. 2d 288
La. Ct. App. 3d Cir. 1972
(1962), our Supreme Court held that automobile passengers who received medical expenses under medical payments provisions could not seek double recovery of these expenses in a tort action under the same policy.
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Trahan v. Gulf Crews, Inc.
246 So. 2d 280
La. Ct. App. 3d Cir. 1971
(1962) requires the offset which they urge.
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Hall v. State, Department of Highways
213 So. 2d 169
La. Ct. App. 3d Cir. 1968
While a tortfeasor is entitled to credit for payments made through insurance procured by the tortfeasor himself, , (1962), the plaintiff's tort recovery is not diminished because of payments made through insurance of other collateral sources independent of the wrongdoer's procuration or contribution, Gunter v. Lord at ; American Indemnity Co. v. New York Fire & Marine Underwriters Inc.
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American Indemnity Co. v. New York F. & M. Under., Inc.
196 So. 2d 592
La. Ct. App. 1st Cir. 1967
In support of said proposition, , .
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Beavers v. Butler
188 So. 2d 725
La. Ct. App. 2d Cir. 1966
Thus, , (1962) , La.App., 3d Cir. 1963 writs refused, 244 La.
- Sonnier v. State Farm Mutual Automobile Ins. Co. 179 So. 2d 467 La. Ct. App. 3d Cir. 1965
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Fontana v. State Farm Mutual Automobile Ins. Co.
173 So. 2d 284
La. Ct. App. 3d Cir. 1965
2d 488 (amount of award modified, , ).
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Debautte v. Southern Farm Bureau Casualty Insurance
170 So. 2d 234
La. Ct. App. 1st Cir. 1964
the Supreme Court held that an injured automobile passenger who had been paid for medical expenses under the medical payments provision of an automobile policy could not be awarded the same medical expenses in a tort action brought directly against the insurer.
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Cormier v. Traders & General Insurance Company
159 So. 2d 746
La. Ct. App. 3d Cir. 1964
our Supreme Court held that: "* * * it was not contemplated that an injured person should collect his medical expenses twice, i. e., that having already been paid such expenses at the instance of the insured by the insurance company following the accident, that he should be again awarded the same medi
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Dever v. GEORGE THERIOR'S INC.
159 So. 2d 602
La. Ct. App. 3d Cir. 1964
3 Cir., (amended on other grounds, , ) ($13,000); Thornton v. F. Strauss & Son, Inc., La.App.
- Bodan v. AMERICAN EMPLOYERS'INSURANCE COMPANY 160 So. 2d 410 La. Ct. App. 2d Cir. 1964
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Dowden v. Southern Farm Bureau Casualty Ins. Co.
158 So. 2d 399
La. Ct. App. 3d Cir. 1963
the Supreme Court recently interpreted the medical payments clause as preventing an insurer from being held liable for medical expenses under both the medical payments and the liability clauses of the policy, as follows, : "* * * when the instrument is viewed as a whole and the intention
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Pitre v. State Farm Mutual Insurance
154 So. 2d 772
La. Ct. App. 3d Cir. 1963
the Supreme Court held that where injured automobile passengers had' been paid their medical expenses under medical payments provisions of automobile policies, they could not be awarded the same medical expenses in a tort action brought directly against the insurer.
- Poe v. New Amsterdam Casualty Co. 154 So. 2d 519 La. Ct. App. 1st Cir. 1963
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Gandy v. Feazel
155 So. 2d 474
La. Ct. App. 1st Cir. 1963
Both the district judge and counsel for Casualty Reciprocal Exchange rely upon the pronouncements in Wise v. Agricultural Insurance Company, (La.App., 2nd Circuit, 1962, writs denied), , , .
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Bourgeois v. Francois
152 So. 2d 383
La. Ct. App. 1st Cir. 1963
Wise v. Agricultural Insurance Company, La.App., ; , .
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Jeffers v. United States Fidelity & Guaranty Co.
149 So. 2d 429
La. Ct. App. 1st Cir. 1963
Although the record indicates that these medical expenses were paid by an insurer, it does not indicate that they were paid by the present defendant, United States Fidelity and Guaranty Company, so as to constitute a , .
- Roux v. Brickett 149 So. 2d 456 La. Ct. App. 3d Cir. 1963
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Overruled
Mundy v. Continental Insurance Co.
147 So. 2d 675
La. Ct. App. 1st Cir. 1962
decided after this suit was filed.
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Wise v. Agricultural Insurance Company
140 So. 2d 662
La. Ct. App. 2d Cir. 1962
In a recent case, Gunter et al. v. Lord et al., La., , the docket of the Supreme Court, it was held that collection could not be made twice for medical expenses from an insurerfirst, under the provisions relating to the payment of medical expenses, and then under the general liability features of the policy.