Cited by

Opinions in Louisiana that cite Fertitta v. Allstate Ins. Co., 462 So. 2d 159.

56 citing documents.

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