Legal Opinion · Dissent
Higginbotham v. USAgencies Cas. Ins. Co.
Louisiana Court of Appeal
Decided June 13, 2018No. 17–491; 17–497Published
1DissentAmy, J.
In my opinion, the trial court erred in basing its ruling on Johnson v. Gov't Emps. Ins. Co. , 07-1391 (La.App. 3 Cir. 4/9/08), 980 So.2d 870, writ denied , 08-1031 (La. 8/29/08), 989 So.2d 105.
First, and although not addressed by either the trial court or the parties, I note that Johnson , 980 So.2d 870, was presented through a lead opinion, with two members of the three-judge panel concurring in the result. It seems to me that the trial court should have factored that into its consideration of applicability to this case. See Chaney v. Travelers Ins. Co. , 259 La. 1, pp. 10-11, 249 So.2d…
2Cases cited7 opinions
- Duncan v. USAA Ins. Co.Supreme Court of Louisiana · 2007
- Chaney v. Travelers Insurance CompanySupreme Court of Louisiana · 1971
- Rapalo-Alfaro v. LeeLouisiana Court of Appeal · 2015
- Johnson v. Government Employees Insurance Co.Louisiana Court of Appeal · 2008
- Lewis v. STATE EX REL. BD. OF SUPERVISORS AT LA. STATE UNIVERSITY AND MECHANICAL COLLEGESupreme Court of Louisiana · 2008
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