Cited by
Opinions in Louisiana that cite Fertitta v. Allstate Ins. Co., 462 So. 2d 159.
- Justin Dewane Pelle v. Eric Munos and GEICO Casualty Co. La. Ct. App. 1st Cir. 2020
- Dusty Collette v. Danielle W. Allen La. Ct. App. 3d Cir. 2016
- Collette v. Allen 210 So. 3d 373 La. Ct. App. 1st Cir. 2016
-
Howard v. United Services Automobile Ass'n
180 So. 3d 384
La. Ct. App. 1st Cir. 2015
Co., is directly on point, and we are constrained to follow it.
-
Danny Kelly v. State Farm Fire & Casualty Company
169 So. 3d 328
La. 2015
1st Cir.1983), amended on other grounds and aff'd., (La.
-
Kelley v. General Insurance Co. of America
168 So. 3d 528
La. Ct. App. 1st Cir. 2014
Co., and Rizer v. American Sur.
- Jessie Cole, Et Ux. v. State Farm Mutual Automobile Ins. Co. La. Ct. App. 3d Cir. 2014
- Cole v. State Farm Mutual Automobile Ins. Co. 149 So. 3d 831 La. Ct. App. 1st Cir. 2014
-
Swayze v. State Farm Mutual Automobile Insurance Co.
142 So. 3d 369
La. Ct. App. 2d Cir. 2014
Co., Dark v. Marshall, 41,711 (La.App.2d Cir.12/13/06), .
-
Dwayne Olivier v. City of Eunice
La. Ct. App. 3d Cir. 2012
In Cutsinger, 12 So.3d at 952, that “the collateral source rule does not apply to override the principles of solidarity expressly provided by our Civil Code.” The fact that the plaintiff had paid for her UM insurance, but the plaintiffs in Bellard and Fertitta had not, did not result in a different conclusion.
-
Olivier v. City of Eunice
92 So. 3d 630
La. Ct. App. 1st Cir. 2012
In Cutsinger, 12 So.3d at 952 , that “the collateral source rule does not apply to override the principles of solidarity expressly provided by our Civil Code.” The fact that the plaintiff had paid for her UM insurance, but the plaintiffs in Bellard and Fertitta had not, did not result in a different conclusion.
-
Bonnie Romero v. Clarendon America Insurance Co.
La. Ct. App. 3d Cir. 2010
Co., n. 4, and accompanying text.
-
Romero v. CLARENDON AMERICA INS. CO.
54 So. 3d 789
La. Ct. App. 1st Cir. 2010
Co., n. 4 , and accompanying text.
- Cutsinger v. Redfern 12 So. 3d 945 La. 2009
- Bellard v. American Cent. Ins. Co. 980 So. 2d 654 La. 2008
- Viada v. a & a MacHine Works, Inc. 914 So. 2d 1113 La. Ct. App. 4th Cir. 2005
-
Gourley v. Prudential Property Ins.
734 So. 2d 940
La. Ct. App. 1st Cir. 1999
1st Cir.1983), amended on other grounds and aff'd
- Wilfer v. Derosier 732 So. 2d 793 La. Ct. App. 1st Cir. 1999
-
Watson v. Funderburk
720 So. 2d 808
La. Ct. App. 3d Cir. 1998
However, albeit in dictum, stated that solidarity could be affected by contract.
- Gulf States Land & Dev., Inc. v. OUACHITA NAT. BANK 705 So. 2d 189 La. Ct. App. 2d Cir. 1997
- Molony v. United Services Auto. Ass'n 683 So. 2d 891 La. Ct. App. 4th Cir. 1996
-
Smith v. Audubon Ins. Co.
679 So. 2d 372
La. 1996
1st Cir.1983), amended on other grounds and aff'd., (in a case of clear liability with about $8,000 in special damages and $10,000 policy limits, the insurer was liable for an excess judgment of almost $39,000 because of bad faith in failing to investigate the claim thoroughly, in failing to consider properly the extent of the insured's excess exposure, and i
-
Couvillion v. Shelter Mut. Ins. Co.
672 So. 2d 277
La. Ct. App. 1st Cir. 1996
Co., -64 (La.1985), the Louisiana Supreme Court held that where the uninsured motorist carrier and the tortfeasor were solidarily liable, payments made by the UM carrier could in some situations be imputed to the debt owed by the tortfeasor as the result of a subsequent judgment, if the UM carrier has waived subrogatio
- Copeland Enterprises, Inc. v. Slidell Memorial Hosp. 657 So. 2d 1292 La. 1995
- Smith v. Audubon Insurance Co. 656 So. 2d 11 La. Ct. App. 1st Cir. 1995
- Naquin v. Teer 649 So. 2d 993 La. Ct. App. 1st Cir. 1994
-
Bullock v. Harrell
646 So. 2d 1181
La. Ct. App. 1st Cir. 1994
State Farm argues (1) that the plaintiff was allowed double recovery and (2)
-
Bourque v. Bailey
643 So. 2d 236
La. Ct. App. 3d Cir. 1994
Co., n. 4 , and accompanying text (La.1985).
- Martin v. LOUISIANA FARM BUREAU CAS. INS. 638 So. 2d 1067 La. 1994
- Fontenot v. FARM BUREAU INS. COMPANIES 629 So. 2d 495 La. Ct. App. 3d Cir. 1993
- Steptoe v. Lallie Kemp Regional Hospital 618 So. 2d 1008 La. Ct. App. 1st Cir. 1993
-
Egros v. Pempton
606 So. 2d 780
La. 1992
Co., Hoefly, 418 So.2d at 579 ; Johnson, 425 So.2d at 227-28 ; LSA-C.C.
-
Smith v. Audubon Insurance Co.
595 So. 2d 1221
La. Ct. App. 3d Cir. 1992
1st Cir.1983), writ granted , affirmed as amended, (La.
- Martin v. Dixie Lee Trucking, Inc. 589 So. 2d 1094 La. Ct. App. 2d Cir. 1991
- Egros v. Pempton 588 So. 2d 1139 La. Ct. App. 1st Cir. 1991
-
Provident Life and Acc. Ins. v. Turner
582 So. 2d 250
La. Ct. App. 1st Cir. 1991
Pearson, 281 So.2d at 725 ; see also
- Keith v. Comco Insurance Co. 574 So. 2d 1270 La. Ct. App. 2d Cir. 1991
- Keith v. Comco Ins. Co. 574 So. 2d 1270 La. Ct. App. 2d Cir. 1991
- Cabral v. National Fire Ins. Co. 563 So. 2d 533 La. Ct. App. 5th Cir. 1990
- Edwards v. Dairyland Insurance Co. 560 So. 2d 95 La. Ct. App. 1st Cir. 1990
-
Great SW Fire Ins. Co. v. CNA Ins. Companies
557 So. 2d 966
La. 1990
Co., Hoefly v. Government Employees Ins.
-
Followed
Rutkowski v. State
550 So. 2d 257
La. Ct. App. 4th Cir. 1989
the Supreme Court explicitly affirmed its holding in Hoefly , seemingly using more expansive language.
-
Guitreau v. State Farm Mut. Auto. Ins. Co.
540 So. 2d 1097
La. Ct. App. 1st Cir. 1989
Co., for its reaffirmation of Hoefly .
- Babineaux v. Domingue 529 So. 2d 45 La. Ct. App. 3d Cir. 1988
-
Henry v. Kipker
525 So. 2d 560
La. Ct. App. 1st Cir. 1988
See footnote 7 at page 164, and Judge Blanche’s dissenting opinion at page 444 in Pace v. Cage, ...” [ ].
-
Distinguished
Carroll v. Kilbourne
525 So. 2d 284
La. Ct. App. 1st Cir. 1988
In support of its position, which is clearly distinguishable from the instant case in that it involved damages caused by an underinsured tortfeasor.
-
Cranch v. Allstate Insurance Co.
517 So. 2d 496
La. Ct. App. 1st Cir. 1987
are: Plaintiff, Andrea Fertitta, while riding as a passenger in the family automobile driven by her husband, was injured in an accident caused by the negligence of Paula McCarron.
- Clement v. Trinity Universal Insurance Co. of Kansas 515 So. 2d 651 La. Ct. App. 1st Cir. 1987
- Levet v. Calais & Sons, Inc. 514 So. 2d 153 La. Ct. App. 5th Cir. 1987
- Lipps v. Bernstein 508 So. 2d 178 La. Ct. App. 4th Cir. 1987