Philippe v. Gibson

Supreme Court of Louisiana
Philippe v. Gibson, 590 So. 2d 574 (La. 1991)
1991 La. LEXIS 3332; 1991 WL 261417

Philippe v. Gibson

Opinion of the Court

In re Philippe, Libby; — Defendant(s); Applying for Writ of Certiorari and/or Review, Supervisory, Remedial, Prohibition and Mandamus; Parish of Ascension, 23rd Judicial District Court, Div. “C”, Number 45,578, 45,741; to the Court of Appeal, First Circuit, Number KW91 1452.

Granted. Exception of no cause of action as to concursus is sustained. The petition fails to allege that the full amount of the insurance coverage has been deposited into the registry of the court. C.C. 2652. Continental Casualty's petition in concur-sus is dismissed at its cost. The case is remanded to the trial court, which in its discretion may grant leave and time to petitioner to amend its petition to state a cause of action.

Reference

Full Case Name
Lillian Heath PHILIPPE, Personally and as of the Estate of Alfred S. Philippe v. Donald GIBSON, Commercial Union Insurance Company and Continental Casualty Company. Consolidated with COMMERCIAL UNION INSURANCE COMPANY v. Libby PHILIPPE and Lillian Heath Philippe
Cited By
1 case
Status
Published