- Louisiana Legal Ethics by Dane Ciolino: There’s an App for That http://bit.ly/12KnZ3 #
A compromise settlement between the plaintiff and the driver, owner and insurer of the offending car provided that plaintiff released “all other persons, firms and corporations” and did not expressly reserve plaintiff’s rights against other defendants. Held, the settlement released the driver’s employer and the employer’s insurer, where there is no allegation that the plaintiff was aware that the tortfeasor was in the course and scope of his employment when the accident occurred. Palmer v Walker, Fifth (La.) Circuit, No. 09-CA-756 (1/12/10).
Deposition testimony filed in the record in connection with an earlier exception may be considered on a subsequent motion for summary judgment; Article 966B does not require that deposition testimony already filed in the record be introduced into evidence at the hearing on the motion for summary judgment. Gatlin v Guy A. Kleinheitz Wheels, Inc., First Circuit, No. 2009 CA 0828 (12/23/09) (Guidry, J, concurs)
The exclusion of government owned vehicles from uninsured/underinsured motorist coverage thwarts the expressed public policy of the UM statute and is unenforceable. Thus the trial court errs in using the policy language (coverage does not include a vehicle owned by any government or any of its political subdivisions or agencies) to deny coverage. Mednick v State Farm Mut. Auto. Ins. Co., Fifth (La.) Circuit, No. 09-CA-183 (1/26/10) (five judge court; Rothschild, J, dissenting)
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