Degelos v. Fidelity & Casualty Co.

JOHN R. BROWN, Circuit Judge.

This case presents the question whether in a suit nominally against a liability insurer under the Louisiana Direct Action Statute,1 the plaintiff may call the assured as an adverse witness under F.R.Civ.P. 43(b).2 As we did in Maryland Casualty Co. v. Kador, 5 Cir., 1955, 225 F.2d 120, we hold that the assured is, and may be called as, an adverse party. Pan American Casualty Co. v. Reed, 5 Cir., 1957, 240 F.2d 336, was not, as apparently supposed, a retreat. By our present decision, we hold fast. The District Court’s categorical refusal to allow the Plaintiff to…