Gradney v. Southern Farm Bureau Casualty Insurance

I respectfully dissent.

The majority concludes that the rationale and holding of Jackson v. American Employers’ Insurance Company, 202 La. 23, 11 So.2d 225 (1942) is applicable to the facts of this case.

I strongly feel that there are two significant distinguishing features between this suit and the Jackson case which render the principles of Jackson inapplicable to this suit.

First, in Jackson there was communication between the claims manager for the *218insurance group which had the effect of misleading plaintiff’s counsel. A letter sent to plaintiff’s attorney by the claims manager read as…