(DOWNLOAD) "Joseph Carona, Jr. v. State Farm Insurance" by Supreme Court Of Louisiana ~ eBook PDF Kindle ePub Free
eBook details
- Title: Joseph Carona, Jr. v. State Farm Insurance
- Author : Supreme Court Of Louisiana
- Release Date : January 26, 1984
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 62 KB
Description
SUPREME COURT OF LOUISIANA 1984.LA.1091 Concurring Opinions December 3, 1984 and December 7, 1984 DECISION OF THE COURT DELIVERED BY THE HONORABLE JUDGE DENNIS We are called upon to decide whether a personal injury claimant who settles with an uninsured or underinsured tortfeasor renounces his rights against his uninsured motorist insurer if he fails to expressly reserve them. In each of these consolidated cases a summary judgment was rendered or an exception of res judicata was sustained by the trial court in favor of a UM carrier, and affirmed by an appeals court, because the UM insurer's insured made such a settlement without express reservation of his rights against other codebtors in solido. Having granted certiorari, we now reverse. The rule of Civil Code article 2203(1870), according to which an obligee who remits a debt in favor of one solidary obligor without expressly reserving his right against others is deemed to have forfeited the entire obligation, does not apply to a personal injury claimant's right to recover from his UM insurer. Article 2203, which is an exception to the well settled general rule that no one is presumed to have renounced his rights against others unless it clearly appears that he intended to do so, has been superseded in part by the UM statute which preserves the insured's ability to exercise his rights of recovery after a settlement with one of his codebtors in solido. La. R.S. 22:1406(4).
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