Fusilier
v.
Interstate Surplus Under

Court of Appeal of Louisiana, Third CircuitJul 1, 1977
345 So. 2d 548 (La. Ct. App. 1977)

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No. 5896.

April 13, 1977. Rehearing Denied May 10, 1977. Writ Refused July 1, 1977.

Rogers, J., voted for rehearing.

APPEAL FROM 13TH JUDICIAL DISTRICT COURT, PARISH OF EVANGELINE; HONORABLE J. BURTON FORET, JUDGE.

Voorhies Labbe by Richard D. Chappus, Lafayette, for defendants-appellants.

Lewis Lewis, by John M. Shaw and James T. Guglielmo, Opelousas, Durrett, Hardin, Hunter, Dameron Fritchie by William N. Faller, Baton Rouge, J. Jake Fontenot, Mamou, for plaintiffs-appellees-appellants.

Before HOOD, DOMENGEAUX and ROGERS, JJ.



DOMENGEAUX, Judge.

This is a companion case to Fusilier v. Russell et al., # 5894, 345 So.2d 543, and Fusilier v. Pitre et al., # 5895, 345 So.2d 547. See our decision in Fusilier v. Russell, # 5894, 345 So.2d 543, for a complete statement of the case. Defendants were the uninsured motorist insurers of plaintiff's father, Carl Fusilier. Judgment was had in favor of plaintiff against Allen Boud Flack as a particular underwriter of Lloyds, London, subscribing to a certificate issued to plaintiff's father by Interstate Surplus Underwriters, Inc. in the amount of $20,000.00. No argument was made in defendant-appellant's brief or plaintiff-appellee's brief as to this award. Therefore, we affirm the decision of the district judge. Costs are assessed against Interstate Surplus Underwriters, Inc., and Lloyds, London.

Apparently James Rudy Fusilier has attained the age of majority since the filing of suit # 5894, 345 So.2d 543.

AFFIRMED.