Cited by
Opinions in Louisiana that cite Ayres v. Wyatt, 185 So. 84.
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Williams v. Langston
138 So. 2d 691
La. Ct. App. 1st Cir. 1962
625 ; Mahaffey v. Benoit, La.App., ; Ayres v. Wyatt, La.App., Clemens v. Southern Advance Bag & Paper Co., La.App., .
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Colton v. Hartford Fire Insurance Company
135 So. 2d 489
La. Ct. App. 2d Cir. 1961
Under the authority of Ayres v. Wyatt, La.App., ; Clemens v. *491 Southern Advance Bag & Paper Co., La.
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Mahaffey v. Benoit
118 So. 2d 162
La. Ct. App. 1st Cir. 1960
Ayres v. Wyatt [La.App.], ; Franz v. N. O. Coffee Co., Ltd., 8 La.App.
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M. Levy Co. of Shreveport, Inc. v. Continental Casualty Co.
106 So. 2d 766
La. Ct. App. 1st Cir. 1958
Likewise, this court in Ayres v. Wyatt, La.App.1938, , in referring to a transaction between the insured and insurer which terminated in a settlement between them, said: “Whether the amount of such a settlement be great or small does not to any extent modify or affect the liability of the tort feasor.” See also Dupuy v. Graeme Spring & Brake Service, Inc., La.Ap
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Martinez v. Hunt
92 So. 2d 784
La. Ct. App. 1st Cir. 1957
In Ayres v. Wyatt, La.App.1938, , this court declared: “ ‘The rule is well settled that the suit is properly brought in the name of the person whose property has been destroyed.
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Moncrieff v. Lacobie
89 So. 2d 471
La. Ct. App. 1st Cir. 1956
445 ; Ayres v. Wyatt, La.App., .
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Buras v. Peck
83 So. 2d 783
La. Ct. App. 1st Cir. 1955
In Dupuy v. Graeme Spring & Brake Service, La.App., , we quoted from Ayres v. Wyatt, La.App., , as follows: “ ‘Defendants are not concerned with and have no right to inquire into the transactions between the insured and insurer terminating in a settlement between them.
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Carlson v. Eckert
73 So. 2d 638
La. Ct. App. 1st Cir. 1954
Counsel for appellants urge the proposition that an insured, notwithstanding the fact that he has received payment of loss from his insurer, has a right of action in his own name against a tort-feasor, to which action the insurer is not a necessary party; citing Ayres v. Wyatt, La.App., ; Dupuy v. Craeme Spring & Brake Service, Inc., La.App., ; Clemens v. Southern Advance Bag & Paper Co., La.
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Gauthier v. Fogleman
50 So. 2d 321
La. Ct. App. 1st Cir. 1951
Ayres v. Wyatt, La.App., , Pender v. Bonfanti, La.App., , Vaccaro v. Favrot, 170 La.
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Wood v. Becker Welding Shop
34 So. 2d 924
La. Ct. App. 1st Cir. 1948
App., at page 86; "Defendants are not concerned with and have no right to inquire into the transactions, between the insured and insurer *Page 926 terminating in a settlement between them Whether the amount of such a settlement be great or small does not to any extent modify or affect the liability of the tortfeasor; and, n
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Lack v. Anderson
27 So. 2d 653
La. Ct. App. 1st Cir. 1946
App., , clearly distinguish them from the present one.
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Gray v. Security Storage Van Co.
26 So. 2d 399
La. Ct. App. 1st Cir. 1946
App., ; Dupuy v. Graeme Spring Brake Service, Inc., La.
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Dupuy v. Graeme Spring Brake Service
19 So. 2d 657
La. Ct. App. 1st Cir. 1944
Power Co., supra, which we now interpret as authority for the view that even though he has been paid by the insurer, the claimant may still sue the tort feasor who has not been notified of an assignment, for the full amount of the loss, we now find that on two occasions we, ourselves, have so held and that in one case, , the Court of Appeal for the Second Circuit followed this view.
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Dupuy v. Graeme Spring Brake Service
17 So. 2d 490
La. Ct. App. 2d Cir. 1944
In Ayres v. Wyatt, La.App., , the Court of Appeal for the Second Circuit held that an insured might maintain an action against the wrongdoer for the full amount of the damages sustained because the amount paid by the insurer did not fully compensate the insured, and because the suit was being prosecuted for the joint benefit of the insured a
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Kotteman Furniture Co. v. McLellan
2 So. 2d 485
La. Ct. App. 1st Cir. 1941
490 ; Ayres v. Wyatt, La.App., .
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Chandler v. F. Strauss & Son
194 So. 133
La. Ct. App. 1st Cir. 1939
Ayres v. Wyatt et al., La.App., .