McDaniel v. Fireman's Fund Insurance Co.

LEAR, Judge.

This suit grows out of an elevator accident on the premises of Charity Hospital of Louisiana at New Orleans, which occurred on or about August 15, 1965.

Although on the date of the accident there was outstanding a policy of liability insurance issued in favor of the State of Louisiana by defendant Fireman’s Fund Insurance Company covering the operation and maintenance of this elevator, plaintiff did not elect to bring a direct action against the insurer alone until he was prepared to join the insurer and the State of Louisiana, Department of Hospitals, as co-defendants.

Accordingly,…