No. 4033 Precedential Affirmed Processed

Indemnity Insurance Co. of North America v. Houston Fire & Casualty Insurance

Louisiana Court of Appeal, First Circuit · Filed June 30, 1955 · 81 So. 2d 572

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

Authorities cited

Identified automatically; this list may not be exhaustive.

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.