No. 4789 Precedential Processed

Aetna Insurance v. Palao

Louisiana Court of Appeal, First Circuit · Filed June 6, 1972 · 263 So. 2d 394

Also decided on this docket: La. Ct. App. 1st Cir., April 27, 1959 111 So. 2d 532; La. Ct. App. 3d Cir., June 6, 1975 308 So. 2d 402

Cited by

Opinion text

REDMANN, Judge (concurring). The record establishes that the cost of repairing 1 (not replacing) the damaged porch was $866. Thus the homeowner had a good claim for $866. His insurer is only subrogated to the extent of $715, for which amount alone suit was filed. Thus judgment for $715 is correct. (Except for noting the third party demands were not for contribution or indemnity, I need not express my other differences in views which are largely factual.) . Included in the “Cost to Repair” proposal (by a contractor “Established 1896”) was the specification: “Porch is settled, out of plumb and out of level, and our work does not include any leveling of the porch. Our work will be to replace the damaged sections the same as they are at present.”