Legal Opinion · Dissent

Sunda v. United Services Automobile Ass'n

Louisiana Court of Appeal

Decided May 23, 2001No. 00-1425Published

1DissentLcooks, J.

I respectfully dissent from the majority decision, and would reverse the trial court’s grant of summary judgment.

Confronting whether a workers’ compensation insurer can recover reimbursement of compensation benefits from an uninsured/underinsured motorist carrier in light of its prior holding in Johnson v. Fireman’s Fund Ins. Co., 426 So.2d 224 (La.1982), and the 1989 amendment to La. R.S. 23:1101, the Louisiana Supreme Court in Travelers, 656 So.2d 1000, held an employer’s UM insurer is a “third person” legally liable to pay an employee damages arising from a work-related accident. Further,…

2Cases cited6 opinions

  1. Johnson v. Fireman's Fund Ins. Co.Supreme Court of Louisiana · 1983
  2. Travelers Ins. Co. v. JosephSupreme Court of Louisiana · 1995
  3. Braud v. Dixie MacH. Welding & Metal WorksLouisiana Court of Appeal · 1982
  4. Fox v. Commercial Union Ins. Co.Louisiana Court of Appeal · 1982
  5. Wallace v. Pan American Fire & Cas. Co.Louisiana Court of Appeal · 1982

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