Allstate Ins. Co. v. Louisiana Gas Serv. Co.
Also decided on this docket: La., June 6, 1977 346 So. 2d 219
Allstate Ins. Co. v. Louisiana Gas Serv. Co., 354 So. 2d 503 (La. 1978).
The holding in the court’s own words
After carefully considering the arguments and briefs of counsel and examining the record, we conclude that all issues presented in this Court were ably and correctly decided in the court of appeal opinion.
Quoted verbatim from the opinion — no paraphrase, nothing generated. Not yet human-reviewed. How we find the holding.
Cited by
- Bethea v. Modern Biomedical Services, Inc. 704 So. 2d 1227 La. Ct. App. 3d Cir. 1997
- Moore v. Gencorp, Inc. 633 So. 2d 1268 La. 1994
- Bertrand v. St. Paul Fire & Marine Ins. Co. 491 So. 2d 474 La. Ct. App. 3d Cir. 1986
- Bellamy v. Garber Bros., Inc. 472 So. 2d 194 La. Ct. App. 4th Cir. 1985
- Giroir v. South Louisiana Medical Center 453 So. 2d 949 La. Ct. App. 1st Cir. 1984
- Hunter v. Johnson 434 So. 2d 646 La. Ct. App. 1st Cir. 1983
- Brown & Root v. Missouri Pac. R. Co. 381 So. 2d 1255 La. Ct. App. 4th Cir. 1980
- Allstate Ins. Co. v. Theriot 376 So. 2d 950 La. 1979
- Fleur De Leis Apts v. DAVIDSON SASH, ETC. 364 So. 2d 234 La. Ct. App. 3d Cir. 1979
Authorities cited
Identified automatically; this list may not be exhaustive.
- Allstate Ins. Co. v. Louisiana Gas Serv. Co. 344 So. 2d 386
- National Surety Corp. v. Standard Accident Ins. Co. 247 La. 905
- National Surety Corp. v. Standard Accident Insurance 175 So. 2d 263
Opinion text
354 So.2d 503 (1978) ALLSTATE INSURANCE COMPANY v. LOUISIANA GAS SERVICE COMPANY. No. 59892. Supreme Court of Louisiana. January 30, 1978. Andrew P. Carter, Eugene G. Taggart, George F. Riess, Monroe & Lemann, New Orleans, for defendant-appellant. Rudolph R. Schoemann, New Orleans, for plaintiffs-respondents. *504 PER CURIAM. We granted certiorari for the purpose of considering whether Louisiana Code of Civil Procedure Article 1153 and Louisiana Revised Statute 9:5801 were applied correctly with regard to allowing amended pleadings to relate back so as to interrupt prescription. After carefully considering the arguments and briefs of counsel and examining the record, we conclude that all issues presented in this Court were ably and correctly decided in the court of appeal opinion. Allstate Insurance Company v. Louisiana Gas Service Company, 344 So.2d 386 (La.App. 4th Cir. 1977). Therefore, the judgment of the court of appeal is affirmed. AFFIRMED. SUMMERS, J., dissents. DIXON, J., concurs, only because first plaintiff's claim was a subrogation from second plaintiff. Further, the "amendment" purporting to add a new plaintiff should have been treated as an intervention. MARCUS, J., dissents and assigns reasons. MARCUS, Justice (dissenting). I consider that the claim of William Coughran is barred by prescription. La.Civil Code arts. 3459 and 3536. Accordingly, I would overrule National Surety Corporation v. Standard Accident Insurance Company, 247 La. 905 , 175 So.2d 263 (1965). I respectfully dissent.