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Stewart v. Liberty Mutual Ins. Co.

Court of Appeal of Louisiana, First Circuit
Jun 30, 1975
315 So. 2d 337 (La. Ct. App. 1975)

Summary

In Stewart the defendant insurer in its answer denied all of plaintiff's allegations and consistently denied it was the liability insurer of the named insurer throughout the trial.

Summary of this case from Pendelton v. Spartan Bldg. Const

Opinion

No. 10330.

June 30, 1975.

APPEAL FROM 21ST JUDICIAL DISTRICT COURT, PARISH OF LIVINGSTON, STATE OF LOUISIANA, HONORABLE GORDON E. CAUSEY, J.

Robert J. Vandaworker, Baton Rouge, for defendant-appellant.

Hobart O. Pardue, Jr., Springfield, for plaintiff-appellee.

Before SARTAIN, ELLIS and BARNETTE, JJ.


This is a suit for damages instituted by plaintiff, Lloyd Stewart, against defendant, Liberty Mutual Insurance Company, the alleged insurer of U.S. Plywood Corporation. The trial judge rendered judgment in favor of plaintiff in the amount of $10,000.00 and defendant brings this appeal. We reverse.

The record shows that plaintiff, in his original petition, alleges damage to a pond situated on his property sustained as a result of the operation and activities of U.S. Plywood Corporation. It is further alleged that defendant Liberty Mutual Insurance Company was the insurer of U.S. Plywood Corporation at the time of the incident. Defendant Liberty Mutual Insurance Company is the only defendant in the suit since plaintiff did not join the alleged insured.

Defendant Liberty Mutual Insurance Company in its answer denied all of plaintiff's allegations and asked that plaintiff's claim be dismissed. On appeal defendant maintains its contention that the suit be dismissed on grounds that plaintiff has failed to prove any contract of insurance between defendant and U.S. Plywood Corporation.

It is a basic and fundamental requirement that the plaintiff bears the burden of proving the insurance coverage upon which his claim is based by a preponderance of the evidence. Turner v. Ewing, 255 La. 659, 232 So.2d 468 (1970). After a careful perusal of the record we find no evidence to establish liability on the part of defendant Liberty Mutual Insurance Company.

Defendant has consistently denied that it was the liability insurer of U.S. Plywood and no policy was produced at trial to contradict this denial. Thus we are compelled to conclude that plaintiff has failed to carry his burden of proof.

For the above and foregoing reasons the judgment of the trial court in favor of plaintiff is reversed and judgment is hereby rendered in favor of Liberty Mutual Insurance Company dismissing plaintiff's suit.

All costs of these proceedings are assessed against plaintiff-appellee.

Reversed and rendered.


Summaries of

Stewart v. Liberty Mutual Ins. Co.

Court of Appeal of Louisiana, First Circuit
Jun 30, 1975
315 So. 2d 337 (La. Ct. App. 1975)

In Stewart the defendant insurer in its answer denied all of plaintiff's allegations and consistently denied it was the liability insurer of the named insurer throughout the trial.

Summary of this case from Pendelton v. Spartan Bldg. Const
Case details for

Stewart v. Liberty Mutual Ins. Co.

Case Details

Full title:LLOYD STEWART, PLAINTIFF-APPELLEE, v. LIBERTY MUTUAL INSURANCE COMPANY…

Court:Court of Appeal of Louisiana, First Circuit

Date published: Jun 30, 1975

Citations

315 So. 2d 337 (La. Ct. App. 1975)

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