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Green v. Commercial Standard Insurance

Robert GREEN v. COMMERCIAL STANDARD INSURANCE COMPANY

Green v. Commercial Standard Ins., 196 So. 2d 301 (La. Ct. App. 1967)
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Court
Louisiana Court of Appeal · State Appellate Courts
Decided
February 23, 1967
Docket
No. 1976
Citations
196 So. 2d 3011967 La. App. LEXIS 5519

Opinion of the Court

Text extracted by OCR from a scanned original; check the original for exact wording.

PER CURIAM.

The plaintiffs-appellees file a motion to remand, alleging that through inadvertence an essential matter of proof was not stipulated to nor introduced into evidence, although the issue is essentially undisputed. (The omitted proof or stipulation concerned the tortfeasor Brown’s lack of insurance coverage, so as to bring the plaintiffs’ claim within the protection of the “uninsured motorist” clause of the defendant Commercial’s policy.) We have decided to exercise the discretionary powers of remand granted us to prevent possible miscarriages of justice. LSA-C.C.P. Art. 2164.

It is therefore ordered, adjudged, and decreed that the judgment of the trial court in favor of the plaintiffs-appellees be set aside. This case is remanded for further proceedings for the limited purpose of introducing evidence or stipulation on the issue of whether John Brown was an uninsured motorist at the time of the accident, with the trial court thereafter to render such judgment as is proper, on the basis of the entire record, on the plaintiffs’ demand against the defendant, Commercial Standard Insurance Company. The costs of the present appeal are assessed to the plaintiffs-appellees. Rulings by this court on all other matters are deferred until perfection of any subsequent appeal.

Remanded.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1967: 11968: 11982: 119672026peak 1967 · 1

Relies on it most ⓘ

  1. Dowden v. Miller415 So. 2d 283 (La. Ct. App. 1982)
  2. Manuel v. American Employers Insurance Company212 So. 2d 527 (La. Ct. App. 1968)
  3. Dupre v. Hartford Accident & Indemnity Company200 So. 2d 753 (La. Ct. App. 1967)

Most recent

  1. Dowden v. Miller415 So. 2d 283 (La. Ct. App. 1982)
  2. Manuel v. American Employers Insurance Company212 So. 2d 527 (La. Ct. App. 1968)
  3. Dupre v. Hartford Accident & Indemnity Company200 So. 2d 753 (La. Ct. App. 1967)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 0

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