United States Fifth Circuit

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MCAVEY v. LEE, 98-31274

Louisiana's direct action statute, La. Rev. Stat. Ann. 22:655, which prohibits suits against insurance companies without naming the insureds as defendants, is a joinder statute, and does not apply to situations where the insured was joined and then dismissed.

Appellate Information

  • Decided 07/25/2001
  • Published 07/25/2001

Judges

  • DENNIS, Circuit Judge:, Before GARWOOD, WIENER, and DENNIS, Circuit Judges.

Court

  • United States Fifth Circuit

Counsel

  • For Appellant:
  • Thomas G. Buck (argued), Blue Williams, Metairie, LA, for First Financial Insurance Co., James Richard Swanson, Correro, Fishman, Haygood, Phelps, Walmsley & Casteix, New Orleans, LA, for Chen-Horng Lee and Chin-Li Lee.

  • For Appellees:
  • Richard M. Martin, Jr. (argued), Eaves Law Firm, John J. Cummings, III, Cummings, Cummings & Dudenhefer, New Orleans, LA, for Plaintiff-Appellee.