Home Ins. Co. v. Highway Ins. Underwriters

Plaintiff Ivan Carline filed an application for rehearing based primarily on the case of National Retailers Mutual Insurance Company v. American Fidelity and Casualty Company, La.App., 51 So.2d 842, decided by the Second Circuit Court of Appeal. We do not believe the cited case apposite for the reason that in that case the plaintiff was made a party-appellee without any change in the nature or extent of the claim and the Court held that the filing of this supplemental petition naming the assured as a party plaintiff was the curing of a technical defect as to parties plaintiff, whereas in the…