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Guidroz v. State Farm Mutual Auto.

Supreme Court of Louisiana
Jan 30, 1998
705 So. 2d 738 (La. 1998)

Opinion

No. 97-C-2653

January 30, 1998


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.


Summaries of

Guidroz v. State Farm Mutual Auto.

Supreme Court of Louisiana
Jan 30, 1998
705 So. 2d 738 (La. 1998)
Case details for

Guidroz v. State Farm Mutual Auto.

Case Details

Full title:RAMONA GUIDROZ, ET AL vs. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY

Court:Supreme Court of Louisiana

Date published: Jan 30, 1998

Citations

705 So. 2d 738 (La. 1998)

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