Supreme Court of Louisiana, 1975

Kramer v. Louisiana Farm Bureau Mutual Insurance

Kramer v. Louisiana Farm Bureau Mutual Insurance
Supreme Court of Louisiana · Decided March 7, 1975 · Barham
309 So. 2d 340; 1975 La. LEXIS 5135 (Southern Reporter, Second Series)

Kramer v. Louisiana Farm Bureau Mutual Insurance

Dissenting Opinion

BARHAM, J.,

dissents from writ denial. Under the facts found by the court of appeal there is no action in contract on the insurance policy. Plaintiff’s recovery should be had from the motor company who negligently repaired the automobile. The court below found that the insurer paid a stipulated sum before repair and stood prepared to pay for additional repairs. There can be no breach of contractual or other duty under these facts.

Opinion of the Court

In re: Louisiana Farm Bureau Mutual Insurance Company applying for certiorari, or writ of review, to the Court of Appeal, Third Circuit, Parish of Allen. 304 So.2d 710.

Application denied. On the facts found by the court of appeal, and on the assignment of errors, the result is not incorrect.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.