FOR IMMEDIATE
NEWS RELEASE
NEWS RELEASE
# 076
FROM: CLERK OF
THE SUPREME COURT OF LOUISIANA
The Opinion handed
down on the 1st day of October, 2004 ,
is as follows:
BY
JOHNSON, J. :
2003-C
-2103 VIRGINIA GAIL EDWARDS,
AS NATURAL TUTRIX, ET AL.
v.
EDWARD M. DAUGHERTY, JR., SPHERE DRAKE INS.
CO., ET AL. (Parish of Calcasieu)
CONSOLIDATED
WITH:
2003-C -2104
VIRGINIA GAIL EDWARDS,
AS NATURAL TUTRIX, ET AL
v. EDWARD
M. DOUGHERTY, JR., SPHERE DRAKE INS. CO., ET AL.
(Parish of Calcasieu)
For the
reason detailed herein, we reverse the lower courts'
determination that the insurer may deduct legal
fees from the policy limits incurred on its own
behalf. In all other aspects, the court of appeal's
ruling is affirmed. We remand this matter to the
trial court to calculate the remainder of the
policy limits, after the deduction of defense
costs incurred on behalf of the insured only,
and the calculation of interest on the entire
judgment from the date of judicial demand.
REVERSED
IN PART; AFFIRMED IN PART; REMANDED.
CALOGERO,
C.J., concurs and assigns reasons.
VICTORY,
J., concurs.
|
