Indemnity Insurance Co. of North America v. Houston Fire & Casualty Insurance
Also decided on this docket: La. Ct. App. 1st Cir., December 13, 1972 270 So. 2d 584; La. Ct. App. 1st Cir., December 7, 1970 242 So. 2d 89; La. Ct. App. 1st Cir., March 16, 1932 140 So. 268; La. Ct. App. 1st Cir., June 30, 1925 2 La. App. 473
Indemnity Insurance Co. of North America v. Houston Fire & Casualty Insurance, 81 So. 2d 572 (La. Ct. App. 1st Cir. 1955).
Authorities cited
Identified automatically; this list may not be exhaustive.
- Chouest v. Remont 81 So. 2d 568
Opinion text
TATE, Judge. This is a companion case to that of Chouest v. Remont, 81 So.2d 568 , arising out of the same accident. This is a subro-gation suit by the collision insurer of F. M. Farrell against the liability insurer of Mrs. Alcide Remont. For the reasons discussed in the opinion in the companion case, since the negligence of Farrell was a concurrent proximate cause of the accident with the negligence of Mrs. Remont, plaintiff herein is barred from recovery by the contributory negligence of F. M. Farrell. Accordingly, judgment of the lower court dismissing plaintiff-appellant’s suit is affirmed at its cost.