Supreme Court of Louisiana, 1993

Cinquemano v. Underwood

Cinquemano v. Underwood
Supreme Court of Louisiana · Decided May 7, 1993 · Calogero, Hall, Lemmon
617 So. 2d 909; 1993 La. LEXIS 1613 (Southern Reporter, Second Series)

Cinquemano v. Underwood

Concurring Opinion

CALOGERO, C.J., and LEMMON, J.,

concur. The issue of the applicability of the exclusion was a single.issue, not dispos-itive of the case and arguably not appropriate for summary judgment. While the decision of the court of appeal on that issue is the law of the case in that court, relator may reraise the issue in this Court on direct review after trial on the merits, if the judgment is adverse. Furthermore, the only holding of the court of appeal was that the exclusion did not apply. The discussion of the compulsory liability insurance law and of the amount of coverage upon application of that law was pure dicta.

HALL, J., not on panel.

Opinion of the Court

In re Benson Chevrolet Company; American Hardward Mut. Ins. Co; — Defendants); applying for writ of certiorari and/or review; to the Court of Appeal, Fourth Circuit, No. 92CA-0473; Parish of Orleans, Civil District Court, Div. “F”, No. 90-4430.

Denied.

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