No. 90-CC-2653 Precedential Affirmed Processed

Aetna Casualty & Surety Co. v. Hanover Insurance Co.

Louisiana Supreme Court · Filed February 8, 1991 · 574 So. 2d 363

Cited by

HOUSTON GEN. INS. v. Commercial Union Ins. 682 So. 2d 1341 La. Ct. App. 1st Cir. 1996
HOUSTON GENERAL v. Commercial Union 649 So. 2d 776 La. Ct. App. 1st Cir. 1995
Aetna Casualty & Surety Co. v. Bethard 625 So. 2d 360 La. Ct. App. 1st Cir. 1993

Opinion text

Granted. There is a genuine issue of material fact as to whether the employee notified the employer or the employer’s insurer of the suit filed by the employee against the third party tortfeasor as required by La.R.S. 23:1102. The legal issue discussed by the court of appeal, that is, whether there is a duty of the third party tortfeasor or its insurer to give notice to the employer or its insurer of the employee’s tort suit, should not be addressed until the case has been tried on the merits. Therefore, that issue is pretermitted. The judgment denying summary judgment is affirmed. The case is remanded to the district court for further proceedings.