Schoelen v. Fidelity & Casualty Co.

Supreme Court of Louisiana November 18, 1975

Schoelen v. Fidelity & Casualty Co., 322 So. 2d 780 (La. 1975)

1975 La. LEXIS 4009

Appeal, Believing, Calogero, Dixon, Error, Granted, Should, Tate, That

Opinion of the Court

In re: John S. Schoelen and Rosemary Fath Schoelen, applying for Certiorari, or writ of review, to the Court of Appeal, Third Circuit, Parish of Lafayette. 318 So.2d 90.

Writ denied. On the facts found by the Court of Appeal, there is no error of law in the judgment conplained of.

Dissenting Opinion

TATE, J.,

dissents in the belief that no reasonable cause is shown for the defendant insurer’s excuse of non-payment prior to trial, in view of the indisputable showing of the uninsured motorist’s legal liability for the daughter’s death.

DIXON, J., is of the opinion that the Court of Appeal was in error and the writ should be granted. CALOGERO, J., dissents, believing the writ should be granted.

Reference

Full Case Name: John S. SCHOELEN and Rosemary Fath Schoelen v. FIDELITY AND CASUALTY CO.
Status: Published