Cited by
Opinions in Louisiana that cite Futch v. Fidelity & Casualty Company, 166 So. 2d 274.
- United Home Care, Inc., Trinity Home Health Care, Inc. and John D. Jones v. Charlie Simpson, Charles Gardner, … La. Ct. App. 2d Cir. 2022
- Shane Salathe Versus The Parish of Jefferson Through the Department of Sewerage La. Ct. App. 5th Cir. 2021
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Ronald Lee Stutes and Carroll Lynn Stutes v. Greenwood Motor Lines, Inc.
La. Ct. App. 3d Cir. 2017
Pursuant to the Agreement, the Stuteses reserved their rights to proceed against R&L’s excess insurers, Zurich and AGLIC, as authorized in Futch v Fidelity & Casualty Co. of New York, 1 The Stuteses’ daughter, Ashely, also filed suit against the defendants but later dismissed her claims with prejudice.
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Ronald Lee Stutes and Carroll Lynn Stutes v. Greenwood Motor Lines, Inc.
La. Ct. App. 3d Cir. 2017
Pursuant to the Agreement, the Stuteses reserved their rights to proceed against R&L’s excess insurers, Zurich and AGLIC, as authorized in Futch v Fidelity & Casualty Co. of New York, 1 The Stuteses’ daughter, Ashely, also filed suit against the defendants but later dismissed her claims with prejudice.
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Ronald Lee Stutes, Et Ux. v. Greenwood Motor Lines, Inc.
La. Ct. App. 3d Cir. 2017
Pursuant to the Agreement, the Stuteses reserved their rights to proceed against R&L’s excess insurers, Zurich and AGLIC, as authorized in Futch v Fidelity & Casualty Co. of New York, 1 The Stuteses’ daughter, Ashely, also filed suit against the defendants but later dismissed her claims with prejudice.
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Dukes v. Declouette
40 So. 3d 1231
La. Ct. App. 1st Cir. 2010
Futch *1237 v. Fidelity & Casualty Company of New York, , (1964); (La.App.
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Burge v. NORTH. NAT. INS. CO. OF MILWAUKEE
14 So. 3d 616
La. Ct. App. 4th Cir. 2009
Co. of New York, , (1964).
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Burge v. Northwestern National Insurance Co. of Milwaukee
14 So. 3d 616
La. Ct. App. 1st Cir. 2009
Co. of New York, , , |7277 (1964).
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Finnie v. LeBlanc
875 So. 2d 71
La. Ct. App. 3d Cir. 2004
Co. of New York, , (1964).
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Gaynell Finnie, Indiv. v. Jerry Leblanc
La. Ct. App. 3d Cir. 2004
Co. of New York, So.2d 274, 277 (1964).
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Rollins v. Richardson
833 So. 2d 921
La. 2002
Co. of New York, , (1964).
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Thompson v. Shay
817 So. 2d 1230
La. Ct. App. 1st Cir. 2002
Rather, we believe this case is more consistent with the case of Futch v. Fidelity & Casualty Co. of New York, , (1964), which was relied on by the trial court here.
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Rollins v. Richardson
803 So. 2d 1028
La. Ct. App. 2d Cir. 2001
The issue regarding an insured's unilateral settlement with an alleged tortfeasor and without the participation of the insurer was considered by the Louisiana Supreme Court in Futch v. Fidelity & Casualty Company, , (La.
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Lott v. Lebon
687 So. 2d 612
La. Ct. App. 4th Cir. 1997
See also Futch v. Fidelity & Casualty Company, , (1964).
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Great Southwest Fire Ins. Co. v. CNA Ins. Companies
547 So. 2d 1339
La. Ct. App. 3d Cir. 1989
Futch v. Fidelity & Casualty Co., , (1964).
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Laper v. Board of Com'rs
523 So. 2d 926
La. Ct. App. 4th Cir. 1988
Futch v. Fidelity & Casualty Co., , (1964).
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Jones v. Allstate Insurance Co.
395 So. 2d 434
La. Ct. App. 1st Cir. 1981
Futch v. Fidelity & Casualty Co., , (La.App.
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Gasquet v. Commercial Union Ins. Co.
391 So. 2d 466
La. Ct. App. 4th Cir. 1980
Two most important Louisiana cases on point are Futch v. Fidelity & Casualty Company, , (1964), and Benroth v. Continental Casualty Company, 132 F.Supp.
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American Home Etc. v. Commercial Union, Etc.
379 So. 2d 757
La. Ct. App. 4th Cir. 1979
In any event, the Maryland v. Marquette case must yield to Futch v. Fidelity & Casualty Company, , (1964).
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Breaux v. Government Employees Insurance
364 So. 2d 158
La. Ct. App. 1st Cir. 1978
This identical issue was considered by the Supreme Court in Futch v. Fidelity & Casualty Company
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Honeycutt v. Town of Boyce
327 So. 2d 154
La. Ct. App. 3d Cir. 1976
The same distinction applies to Futch v. Fidelity & Casualty Company, , (1964) where the Louisiana Supreme Court held that the release of the primary insurer did not constitute splitting the cause of action.
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Ellerson v. Scott
320 So. 2d 527
La. 1975
See: Futch v. Fidelity & Casualty Co., , (1964); West v. Monroe Bakery, 217 La.
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Overruled
Wirick v. Wyble
300 So. 2d 571
La. Ct. App. 3d Cir. 1974
However, we note that the Bergeron case was overruled on this point by the Supreme Court in Futch v. Fidelity & Casualty Co., , (1964).
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Dupre v. Vidrine
261 So. 2d 288
La. Ct. App. 3d Cir. 1972
For a similar holding, see Futch v. Fidelity & Casualty Company, , (1964).
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Sherwood v. Stein
259 So. 2d 876
La. 1972
Futch v. Fidelity & Casualty Company, , (1964); West v. Monroe Bakery, Inc., 217 La.
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Richard v. Southern Farm Bureau Casualty Insurance
223 So. 2d 858
La. 1969
189 , , and Futch v. Fidelity & Casualty Company, , , the insurer herein became unconditionally bound to plaintiff for a certain proportionate amount of the proceeds of the policy upon the happening of the accident and that this right could not be lost or diminished, except by the action of the claimant herself.
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King v. King
217 So. 2d 395
La. 1968
189 , ; Futch v. Fidelity & Casualty Company, , .
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Richard v. Southern Farm Bureau Casualty Ins. Co.
212 So. 2d 471
La. Ct. App. 3d Cir. 1968
189 , (1950); and Futch v. Fidelity & Casualty Company, , (1964), are cited as authority for that argument.
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Richard v. Southern Farm Bureau Casualty Insurance
212 So. 2d 511
La. Ct. App. 1st Cir. 1968
189 , (1950); and Futch v. Fidelity & Casualty Company, , (1964), are cited as authority for that argument.
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King v. King
210 So. 2d 917
La. Ct. App. 1st Cir. 1967
Further, even if it could be found that the alleged breach was material and prejudicial, , (Supreme Court July 1, 1964).
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Plummer v. Traders & General Insurance Company
183 So. 2d 467
La. Ct. App. 3d Cir. 1966
Futch v. Fidelity & Casualty Company, , .