Delaune v. United States Fidelity & Guaranty Co.

EDWARDS, Judge.

Fireman’s Fund Insurance Company appeals the trial court’s dismissal of its third party demand on an exception of prematurity. We reverse and remand.

Plaintiff was injured when the car she was driving was struck by a car driven by Edna Watson. Plaintiff sued Watson and her husband; their insurer, USF & G; and plaintiff’s own underinsured motorist carrier, Fireman’s Fund. Fireman’s filed a third party demand against the Watsons and USF & G. They responded by filing an exception of prematurity. The trial court maintained the exception, and dismissed Fireman’s third party demand.

Wer…