Maryland Casualty Co. v. Liberty Mutual Insurance

ELLIS, Judge.

This is a contest between a general and special workmen’s compensation insurer, to see who should ultimately pay the claim of an injured employee. This case was previously before us on an exception, at which time we decided the main point and remanded it for trial on the merits. See Maryland Casualty Company v. Liberty Mutual Insurance Company, 194 So.2d 204 (La.App. 1 Cir. 1967). In that decision, we held that the two insurers should share the loss equally.

On the trial, the district judge, pursuant to the instructions contained in the above opinion, rendered judgment in favor of…