United States Fifth Circuit

Under Louisiana law, the insurance contract clause at issue is a conventional subrogation clause to which the "make whole" principle applies; accordingly, plaintiff's partial recovery from a tortfeasor does not relieve defendant-insurer of its statutory and contractual responsibility as successor insurer. Summary judgment for defendant is reversed. (Republished opinion)

Appellate Information

• Decided 03/12/2004
• Published 03/16/2004

Judges

• BENAVIDES, Circuit Judge:, Before JONES, EMILIO M. GARZA and BENAVIDES, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• James M. Garner,Martha Y. Curtis (argued), Emma E. Daschbach, Sher, Garner, Cahill, Richter, Klein, McAlister & Hilbert, New Orleans, LA, for Plaintiff-Appellant.


• For Appellees:
  
• Dennis J. Phayer, Marc Edward Devenport (argued), Burglass & Tankersley, Metairie, LA, for Defendant-Appellee.