The Fidelity & Casualty Company of New York v. Mrs. Claire B. Carpenter, Etc.

TUTTLE, Circuit Judge.

This is an appeal by the insurer from a judgment of the trial court based on a jury verdict in an action brought by an injured party directly against the insurer under the Louisiana direct action law. The basis of the appeal is appellant’s contention that the real tort feasor, one Hackett, was not an “insured” under the terms of the policy issued to Hackett’a employer, Rudolph Ramelli, Inc., and that at the time of the accident Hackett was not acting in the course and scope of his employment and the appellant’s named insured, Ramelli, thus had no vicarious liability…