Cited by

Opinions in Louisiana that cite National Surety Corp. v. Standard Accident Ins. Co., 175 So. 2d 263.

48 citing documents.

Randall Kling v. Troy Hebert Ernest P. Legier, Jr., in His Official Capacity as the Commissioner of the … La. 2024
Co., (1965), wherein this Court similarly found a prior negligence suit by the workers’ compensation insurer of plaintiff’s employer against defendant tortfeasors put the latter on notice of subsequent intervention by the plaintiff reasoning that “one principal cause of action resulting from a s
Allstate Indemnity Co. v. Knighten 705 So. 2d 240 La. Ct. App. 2d Cir. 1997
National Surety Corporation v. Standard Accident Insurance Company, Inc., , (1965); Houston General Ins.
Moore v. Gencorp, Inc. 633 So. 2d 1268 La. 1994
Bradley v. Louisiana Department of Transportation & Development 613 So. 2d 771 La. Ct. App. 1st Cir. 1993
Grant v. Politz 575 So. 2d 915 La. Ct. App. 2d Cir. 1991
Duffie v. Southern Pacific Transp. Co. 563 So. 2d 933 La. Ct. App. 1st Cir. 1990
Co., , (1965), Allstate's timely suit against Theriot fully apprised him that judicial claim was being made to enforce his liability for personal injuries caused to Moore by the accident in question.
Maddens Cable Serv. v. Gator Wireline Ltd. 509 So. 2d 21 La. Ct. App. 1st Cir. 1987
Bertrand v. St. Paul Fire & Marine Ins. Co. 491 So. 2d 474 La. Ct. App. 3d Cir. 1986
Giroir v. SOUTH LA. MEDICAL CTR., ETC. 475 So. 2d 1040 La. 1985
Bellamy v. Garber Bros., Inc. 472 So. 2d 194 La. Ct. App. 4th Cir. 1985
Co., , (1965); Allstate, supra.
Giroir v. South Louisiana Medical Center 453 So. 2d 949 La. Ct. App. 1st Cir. 1984
Co., , (1965), rehearing denied 1965.]
Miller v. New Orleans Home & Rehab. Center 449 So. 2d 133 La. Ct. App. 4th Cir. 1984
Co., , (1965) our Supreme Court stated: A cause of action is an act on the part of a defendant which gives rise to a plaintiff's cause of complaint; the existence of those facts which give a party a right to judicial interference in his behalf; the situation or state of facts which entitles a party to sustain
Louviere v. Shell Oil Co. 440 So. 2d 93 La. 1983
Co., , (1965); Allstate Ins.
Hunter v. Johnson 434 So. 2d 646 La. Ct. App. 1st Cir. 1983
Co., , (1965); and employer-employee, Theriot, supra.
Ellenburg v. Commercial Union Ins. Co. 434 So. 2d 1216 La. Ct. App. 1st Cir. 1983
Co., , [4] , Allstate's timely suit against Theriot fully apprised Theriot that judicial claim was being made to enforce his liability for personal injuries caused to Moore by the accident.
Cullivan v. State Farm Mut. Auto. Ins. Co. 428 So. 2d 1231 La. Ct. App. 3d Cir. 1983
In Justice Tate's opinion, he relies heavily on a
Deculus v. Augenstein Construction Co. 425 So. 2d 315 La. Ct. App. 1st Cir. 1982
Baker v. Payne & Keller of La., Inc. 390 So. 2d 1272 La. 1980
Lagraize v. New Orleans Armature Works 387 So. 2d 687 La. Ct. App. 1st Cir. 1980
Co., , (1965); Taylor v. Zetz 7 -Up Bottling Co., (La.App.
Taylor v. Zetz 7 Up Bottling Co. 384 So. 2d 811 La. Ct. App. 1st Cir. 1980
Roche v. Big Moose Oil Field Truck Service 381 So. 2d 396 La. 1980
Brown & Root v. Missouri Pac. R. Co. 381 So. 2d 1255 La. Ct. App. 4th Cir. 1980
Co., 1965, , , Theriot notes that in every case the late-filer sued upon a claim already presented, in part, by the original petition.
Allstate Ins. Co. v. Theriot 376 So. 2d 950 La. 1979
Co., , (1965), we held that a timely-filed tort suit by an employer's compensation insurer under La.R.S.
Peters v. Sentry Insurance 375 So. 2d 184 La. Ct. App. 1st Cir. 1979
Roche v. Big Moose Oilfield Truck Services, Inc. 371 So. 2d 1374 La. Ct. App. 3d Cir. 1979
Stein v. J. C. Bradford & Co. 360 So. 2d 607 La. Ct. App. 1st Cir. 1978
Co., , (1965), a prescription case, the court quoted Hope v. Madison, 192 La.
La Fleur v. Scheinuk 361 So. 2d 1233 La. Ct. App. 1st Cir. 1978
Co., , (1965), held that an employee’s petition of intervention to recover damages for personal injuries could be filed at any time during the pendency of a timely filed suit of the employer to recover compensation benefits paid provided it does not retard the progress of the principal action.
Allstate Ins. Co. v. Louisiana Gas Serv. Co. 354 So. 2d 503 La. 1978
Accordingly, I , (1965).
Allstate Ins. Co. v. Louisiana Gas Serv. Co. 344 So. 2d 386 La. Ct. App. 4th Cir. 1977
ts, causing William C. Coughran to lose his entire business, and he itemizes his damages as follows: (1) Loss of premises and its Contents $36,012.40 (2) Loss of entire business, including good will and future earning capacity 100.000.00 ____________ Total: $136,012.40" To support their amendments, , (1965), contending that LSA-R.S.
Joseph A. Neyrey, Gen. Cont., Inc. v. La. P. & L. Co. 347 So. 2d 266 La. Ct. App. 4th Cir. 1977
Co., 1965, , ) by reconvention in defendant's injunction suit.
A. Wilbert's Sons Lumber & Shingle Co. v. Chaney 337 So. 2d 1229 La. Ct. App. 1st Cir. 1976
The cause of action is the state of facts which gives a party a right to judicially assert an action against the defendant.” , (1965).
Anderson v. Sciambra 310 So. 2d 128 La. Ct. App. 4th Cir. 1975
Trahan v. Liberty Mutual Insurance Company 314 So. 2d 350 La. 1975
[4] , (1965) that the demand of a suit is not synonymous with the cause of action therein.
Farrell v. Department of Police 290 So. 2d 457 La. Ct. App. 1st Cir. 1974
639 , (1967); , (1965); (La.App.
Compton v. North River Insurance Company 281 So. 2d 848 La. Ct. App. 1st Cir. 1973
[2] (Marquette Casualty Company v. Brown, 103 So.2d at 271, 272 ) , , 267 (1965).
Northland Insurance v. Kajan Specialty Co. 277 So. 2d 518 La. Ct. App. 1st Cir. 1973
(1965), more than one year after the incident an injured employee intervened into a law suit in which hi.s employer was the plaintiff against the common tort fea-sor.
Nini v. Sanford Brothers, Inc. 276 So. 2d 262 La. 1973
(1965), [6] in which this court held that prescription against a tortfeasor was interrupted as to the injured intervenor by the timely filing of a suit against the tortfeasor by the intervenor's compensation carrier.
Kreher v. TL James & Company, Inc. 274 So. 2d 734 La. Ct. App. 4th Cir. 1973
Co., , ; Hayes v. Muller, La.App., .
Vidrine v. Michigan Millers Mutual Insurance Co. 268 So. 2d 233 La. 1972
Hayes v. Muller 243 So. 2d 830 La. Ct. App. 1st Cir. 1971
Co., , (1965) ; Travelers Insurance Company v. Brown, 338 F.2d 229 (5th Cir. 1964); and Hope v. Madison, 192 La.
Mid-States Ins. v. Fireman's Fund Ins. 240 So. 2d 908 La. Ct. App. 1st Cir. 1970
(1965), that where the employer alleged negligence against the tort-feasor in a suit for workmen’s compensation and medical expenses incurred on behalf of employee, and the employee intervened alleging a claim for personal injuries sustained, only one cause of action existed because recovery for both p
American Security Insurance v. Insurance Co. of North America 220 So. 2d 163 La. Ct. App. 1st Cir. 1969
Thomas v. Matthews Lumber Co. of Mansfield, Inc. 215 So. 2d 832 La. 1968
Board of Commissioners case, supra, which was that LRS 23:1101 gave to the employer an independent right to assert his cause of action for damages flowing from the tort committed against the employee (see footnotes 2 and 3), and we held that such suit was “simply an action ex delicto against an alleged wrongdoer * * *_» , , the employer, following an injury to its employee for which it became obligated to pay compensation, timely filed its action against the tort feasor for such benefits.
Klotz v. Nola Cabs, Inc. 209 So. 2d 158 La. Ct. App. 4th Cir. 1968
must be interpreted as holding that a timely filed suit on a cause of action sounding in tort interrupts prescription on all rights of action flowing out of the same tort, and consequently plaintiff's suit interrupted prescription on intervenor's claim for property damage because both rights of actio
Carona v. Radwin 195 So. 2d 465 La. Ct. App. 4th Cir. 1967
Penn v. Inferno Manufacturing Corporation 199 So. 2d 210 La. Ct. App. 1st Cir. 1967
As an example of the more liberal approach adopted by our courts, we particularly wish to call this Court's attention to the comments in the Louisiana Law Review regarding the decision of the Louisiana Supreme Court in the case of National Surety Corp. v. Standard Accident Insurance Co. [ ], (1965).
Gruber v. Perkins 192 So. 2d 222 La. Ct. App. 1st Cir. 1966
Succession of Simms 195 So. 2d 114 La. 1966
HAMLIN, Justice (concurring in part and dissenting in part): I , .