Legal Opinion
Fontenot v. Marquette Casualty Co.
Supreme Court of Louisiana
Decided May 4, 1971No. 50716PublishedCited by 56 opinions
1Opinion of the Court
BARHAM, Justice.
The issue for determination is whether the rights of a third person damaged by a party who is insured may be exercised in a direct action for his damages against the reinsurer of the tort feasor’s insolvent liability insurer. Contrary to the Court of Appeal, we hold that the treaty or contract of reinsurance here and the law do not permit a direct action by such third person against the reinsurer.
This litigation began as an action for personal injuries arising out of an automobile accident, filed in 1964 by Eugene Fontenot and his wife. Mrs. Fontenot was a *675guest passenger in…
2Cases cited29 opinions
- Homan v. Employers Reinsurance Corp.Supreme Court of Missouri · 1940
- Winneshiek Mutual Insurance Association v. RoachSupreme Court of Iowa · 1965
- Melco System v. Receivers of Trans-America Ins. Co.Supreme Court of Alabama · 1958
- Fidelity & Deposit Co. v. PinkSupreme Court of the United States · 1937
- Stickel v. Excess Ins. Co. of AmericaOhio Supreme Court · 1939
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3Cited by56 opinions
- Chevron U.S.A., Inc., Cross-Appellant v. Traillour Oil Company v. Earl Harvey Archer, Iii, Cross-AppelleesCourt of Appeals for the Fifth Circuit · 1993
- Louisiana Safety Ass'n of Timbermen-Self Insurers Fund v. Louisiana Insurance GuarantySupreme Court of Louisiana · 2009
- Joseph v. Hospital Service District No. 2 of the Parish of St. MarySupreme Court of Louisiana · 2006
- New Orleans Public Service, Inc. v. United Gas Pipe Line Co.Court of Appeals for the Fifth Circuit · 1984
- First State Bank & Trust Co. v. SEVEN GABLES CO.Louisiana Court of Appeal · 1986
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