Fontenot v. Marquette Casualty Co.

I respectfully dissent. I agree with the reasoning of the Court of Appeal, 235 So.2d 631 (La.App. 4th Cir. 1970). The rationale of the majority holding of this court is an attempted distinction between a contract of indemnity on the one hand, and a contract of liability insurance on the other. Yet, a Louisiana statute defines “insurance” as “a contract whereby one undertakes to indemnify another or pay a specified amount upon determinable contingencies.” Louisiana Revised Statutes 22:5(1). And Webster’s Seventh New Collegiate Dictionary (1965) defines insurance as “coverage by a contract…