Opinion

Holton v. Brown

  • 94 La.App. 4 Cir. 2687
  • 658 So. 2d 6
  • 1995 La. App. LEXIS 1243
  • 1995 WL 296964
Court
Louisiana Court of Appeal
Filed
May 16, 1995
Status
Published
Author
Loerano
On the bench
Ciaccio, Jischott, Lobrano, Loerano, Schott
Cited by
3 cases
Authority
More cited than 0.5%

The opinion

11LOERANO, Judge,

concurs.

The majority result is consistent with R.S. 22:1386, Segura v. Frank, 630 So.2d 714 (La.1994) and the legal argument that the legislature cannot impair existing contract rights. State Farm’s position in the instant ease is the same irregardless of the existence of LIGA. If the limits of liability on the adverse vehicle are less than plaintiffs total damages, State Farm pays the excess damages (up to its own UM policy limits). The fact of LIGA’s existence does not change that result. Consistent with Segura v. Frank, supra the UM carrier’s position is no better or worse because of LIGA’s presence.

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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