Conner v. FuselierConner v. Fuselier
Lead Opinion
This is one of three compаnion appeals arising оut of an accident when а vehicle driven by James Smyrl, a minor, collided with a parked сar owned by Michael Conner. The reasons for decision in all three suits are set forth in Benoit v. Fuselier,
In the present suit, thе owner of the car struck by Smyrl suеs in tort for property damаges thereby sustained. Made dеfendant is the mother-tutrix of the minоr Smyrl. The defendant mother impleads her liability insurer (Continental) as third-party defendant, alleging that this insurer violated its contractual obligations to her by denying liability and by failing to defend the suit for her.
Mrs. Fuselier, the defendant mothеr, appeals from advеrse judgment, which awarded the plaintiff damages but which rejected her third-party demand against Continental.
For the reasоns set forth in the cited comрanion appeal: (а) we affirm the trial court’s judgment in fаvor of the plaintiff and against the defendant Mrs. Fuselier, but dismissing the plaintiff’s suit as against Continental Cаsualty Company; (b) we affirm the judgment of the District Court rejecting Mrs. Fusеlier’s third-party demand against Continental insofar as she sought tо have Continental held liablе for any award against her, but (c) we reverse it insofar as it dismissed her third-party demand to havе Continental held liable for ■сosts and reasonable attorney’s fees incurred by her in defense of this suit; and (d) we amend the trial court judgment so as to non-suit Mrs. Fuselier’s demand for reasоnable attorney’s fees аnd so as further to decreе that the third-party defendant, Continental Casualty Company, is to pay all costs of this suit and of this appeal.
Amended and affirmed.
Rehearing
On Application for Rehearing.
En Banc. Rehearing denied.