Opinion
Civ. A. No. 16025.
March 7, 1975.
J. B. Gooch, Jr., Harold B. Carter, Jr., A. Gordon Grant, Jr., Montgomery, Barnett, Brown Read, New Orleans, La., for plaintiffs.
Allen L. Smith, Jr., Plauche, Smith Hebert, Lake Charles, La., for defendants.
FINDINGS OF FACT and CONCLUSIONS OF LAW Findings of Fact
1. At all pertinent times, plaintiffs were foreign insurance underwriters doing business in this State and District and are proper parties to bring this action.
2. At all pertinent times, defendant, Page Airmotive, Inc. (Page), was and is a corporation organized under the laws of Oklahoma doing business in this State and District and within the jurisdiction of this Court.
3. At all pertinent times, defendant, Fidelity and Casualty Company of New York, was the liability underwriter of Page, affording coverage for the claims asserted by the plaintiffs against Page in this action.
4. At all pertinent times and more particularly on September 15, 1969, Nelson Summerell, d/b/a Summerell Flying Service, was the owner of a Gruman Super Ag Cat, Model G-164A Aircraft bearing Federal Registration No. N-5345.
5. On September 15, 1969, this aircraft crashed while engaged in a cropdusting flight near Ferriday, Louisiana, fortunately causing no injury to its pilot.
6. As a result of the crash the aircraft sustained physical damage necessitating repairs in the total sum of $15,985.67.
7. At all pertinent times, and more particularly on September 15, 1969, plaintiffs were signatory underwriters to a policy of aircraft hull insurance pursuant to which they were called upon to pay and did pay to Nelson Summerell, d/b/a Summerell Flying Service, as owner of the aircraft, the sum of $12,785.69 and by reason of that payment are subrogated to the rights of Summerell in the premises.
8. The amount of plaintiffs' damages at issue here is the sum of $12,785.69.