Gloston v. Commercial Standard Insurance

The plaintiff-appellee files a motion to remand, alleging that through inadvertence an essential matter of proof was not stipulated to nor introduced into evidence, although the issue is essentially undisputed. (The omitted proof or stipulation concerned the tortfeasor Brown’s lack of insurance coverage, so as to bring the plaintiff’s claim within the protection of the “uninsured motorist” clause of the defendant Commercial’s policy.) We have decided to exercise the discretionary powers of remand granted us to prevent possible miscarriages of justice. LSA-CCP Art. 2164.

It is therefore…