*2 Court, “It conceded Supreme is Louisiana Christovich, A. R. & Jr., Christovich and procedural is 55 1930 that Act of [No.] Kearney, Orleans, appellee. New for * * substantive, the statute *. But not HOLMES, BORAH, Before and RUS- of right merely a direct gives a claimant SELL, Judges. Circuit he liability when the insurer against action insured, against has cause of action a the HOLMES, Circuit Judge. be but for would liable or the insured where injury In this the case in Ala- occurred *** It personal him. to immunity an bama, only which is the difference between only to enforce her with a method furnishes and Fidelity it the case of Weingartner v. has in rights whatever in Louisiana she Cir., Mutual Company, Insurance F. 5 205 page What 24 at 877. Mississippi.” So.2d Therefore, upon authority 2d 833. the of law of the held was that under the Court the latter and case the Louisiana statute of Mississippi right cause a wife had no or cited, from, judgment appealed therein the insured, husband, for her against action the F.Supp. 230, 104 is affirmed. pres- In the against her. a tort committed Affirmed. case, plaintiff have think would ent I the the against right or of action had a cause the Illinois where the law'of

insured under

accident occurred. however, me, it has now that

It seems to the by than decisions later settled

become part of the Louisiana that that

Burke case right of action direct gives a which Statute merely proce- is not against the insurer v. SHETTERLY UNITED STATES. dural, v. Monroe substantive. West but is No. 11787. 123; 189, 122, Bakery, La. 46 So.2d 217 Appeals States Court United of Indemnity Company, 5 Home Fisher v. Sixth Circuit. 218, Cir., I come around then F.2d 221. 198 3, June 1953. that, majority, since no agree the to with directly against the insurer cause of action Illinois, such no given by the law of

was in Louisiana.

cause can be enforced HIDALGO,

Edgar Appellant, FIDELITY v. & CASUALTY COMPANY OF NEW YORK, Appellee.

No. 14242. Appeals of

United States Court Fifth Circuit. July 10, 1953. Cartolano, Cincinnati, Ohio, Frederick J. appellant.

for Johnson, Atty., Nashville, Dick L. U. S. Tenn., appellee. for