Lumbermen's Mutual Casualty Co. v. Elbert (348 U.S. 48)
U.S. Supreme Court · decided December 6, 1954 · Supreme Court Database (Spaeth)
- Citation
- 348 U.S. 48 · 75 S. Ct. 151
- Decided
- December 6, 1954
- Term
- October Term 1954
- Vote
- 8–0
- Majority author
- Justice Warren
- Issue area
- Judicial Power
- Disposition
- Affirmed
- Outcome
- Petitioning party lost
- Ideological direction
- Liberal
Opinion excerpt
Mr. Chief Justice Warren delivered the opinion of the Court. This case concerns the Louisiana direct action statute. This Court has today had occasion to test that statute against certain claims of unconstitutionality, Watson v. Employers Liability Assurance Corp., post, p. 66. Questions are raised here involving the diversity jurisdiction of the federal courts in cases arising under the statute. Respondent, a citizen of Louisiana, was injured in an automobile accident at Shreveport, Louisiana, allegedly because of the negligence of Mrs. S. W. Bowen, also a Louisiana citizen. Petitioner, an Illinois corporation, had issued a public liability policy to Mr. Bowen insuring him and members of his household against claims arising from their negligent operation of the family car. The policy was applied for, issued, and delivered within the State of Louisiana. Petitioner was certificated to do business in Louisiana and had, as a legal prerequisite thereto, consented in writing to be sued directly for damages sustained in Louisiana accidents involving its policyholders. The pertinent portion of the direct action statute provides: “The injured person or his or her heirs, at their option, shall have a right of direct action against the insurer within the terms and limits of the policy in the parish where the accident or injury occurred or in the parish where the insured has his…
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