Opinion

Miller v. Commercial Standard Ins. Co.

  • 199 La. 515
  • 6 So. 2d 646
  • 1942 La. LEXIS 1127
Court
Supreme Court of Louisiana
Filed
Feb 2, 1942
Status
Published
Author
O'Niell
On the bench
Odom, O'Niell, Higgins, Fournet, McCaleb
Cited by
11 cases

The opinion

O’NIELL, Chief Justice

(concurring).

I concur in the opinion that the district court in the Parish of East Baton Rouge has not jurisdiction in this case. There is no contractual relation between the insurer and an injured person in the case of public liability insurance: hence the injured person has no right of action against the insurer except the right which is conferred by Act No. 55 of 1930, — to sue the insurer “in the parish where the accident or injury occurred, or in the parish where the assured has his domicile”. My opinion is that the term “accident insurance”, in the tenth paragraph of Article 165 of the Code of Practice, has no reference whatever to the “insurance against liability” referred to in Act No. 55 of 1930. For that reason I rest my concurrence in the opinion and decree in this case upon the restriction which Act No. 55 of 1930 puts upon the right of an injured person to sue the insurer on a policy of insurance against liability — in the parish where the accident or injury occurred or in the parish where the assured has his domicile.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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