Guidroz v. State Farm Mut. Auto. Ins. Co.
| Decision Date | 30 January 1998 |
| Citation | 705 So.2d 738 |
| Parties | 97-2653 La |
| Court | Louisiana Supreme Court |
In re State Farm Mut. Auto. Ins. Co.;--Defendant(s); applying for writ of certiorari and/or review; Parish of St. Martin, 16th Judicial District Court, Div."B", No. 53,697-B; to the Court of Appeal, Third Circuit, No. CA97-0200.
Prior report: La.App., 698 So.2d 967.
*
The application is granted.
The court of appeal, after reversing the trial court's directed verdict dismissing the insured's cross-claim against the insurer for the amount of the excess judgment based on the insurer's failure to settle within the policy limits, erred by rendering judgment in favor of the cross-claimant. Because the judgment of the trial court was a directed verdict, the insurer did not have the opportunity of presenting its entire case, and the court of appeal should have remanded for that purpose.
Accordingly, the judgment of the court of appeal on the insured's cross-claim is set aside, and the case is remanded to the trial court for further proceedings consistent with this opinion.
JOHNSON, J., would deny the writ.
* TRAYLOR, J., not on panel.
To continue reading
Request your trial
-
Logan v. Brink's Inc.
...See, Guidroz v. State Farm Mut. Auto. Ins. Co., 97-200 (La. App 3 Cir. 6/25/97), 698 So.2d 967, reversed on other grounds, 97-2653 (La.1/30/98), 705 So.2d 738; Smith v. Midland Risk Ins. Co., 29,793 (La.App. 2 Cir. 9/24/97), 699 So.2d 1192; Venible v. First Financial Ins. Co., 97-2495 (La.A......
-
Crochet v. Cisco Systems, Inc.
...885; Guidroz v. State Farm Mut. Auto. Ins. Co., 97-200 (La.App. 3 Cir. 6/25/97), 698 So.2d 967, rev'd on other grounds, 97-2653 (La.1/30/98), 705 So.2d 738. In evaluating an exception of no cause of action, the court must accept well-pleaded allegations of fact as true, and the issue at the......
-
98-499 La.App. 5 Cir. 10/28/98, Paul v. Allstate Ins. Co.
...Farm Mut. Auto. Ins. Co., 97-200 (La.App. 3 Cir. 6/25/97), 698 So.2d 967, writ granted and remanded on other grounds, 97-2653 (La. 1/30/98), 705 So.2d 738. ...
-
Starr v. Brou
...Farm Mut. Auto. Ins. Co., 97-200 (La.App. 3 Cir. 6/25/97), 698 So.2d 967, writ granted and remanded on other grounds, 97-2653 (La.1/30/98), 705 So.2d 738. The Starrs allege a violation of La. R.S. 22:1220(B)(5), which states that an insurer breaches its duty of good faith and fair dealing w......