FONTENOT v. MARQUETTE CASUALTY CO.

No. 3677.

235 So.2d 631 (1970)

Eugene FONTENOT and Cecilia Fontenot v. MARQUETTE CASUALTY CO. et al.

Court of Appeal of Louisiana, Fourth Circuit.

Rehearing Denied June 1, 1970.


Attorney(s) appearing for the Case

Drury, Lozes, Young & Curry, Felicien P. Lozes, New Orleans, for Veron Provisions Company, Inc. and American Employers' Insurance Co., appellants.

Porteous, Toledano, Hainkel & Johnson, William A. Porteous, III, New Orleans, for Peerless Insurance Co., appellee.

Before HALL, REDMANN, and BARNETTE, JJ.


REDMANN, Judge.

The principal question in this appeal is whether a third person damaged by an insured tort-feasor may bring a direct action for his damages against the tort-feasor's insolvent liability insurer's reinsurer.

A second question is whether an insured, entitled to be but not defended by the insurer, may by direct action against the reinsurer collect the reinsured portion of the cost of defense.

Factual Background

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