Supreme Court of Louisiana

Nikola P. Vekic v. Dragutin Popich, Mary A. Popich & Helen Harris Popich

October 18, 2017

Summary

The court held that the agreement entitled Vekic to the BP settlement proceeds exceeding the Popich family's guaranteed $90,000 return. It concluded that the agreement assigned Vekic the right and duty to adjust damage claims, that the contract was ambiguous as to excess proceeds, and that the trial court properly considered the agreement as a whole and extrinsic evidence to determine intent. The court reversed the court of appeal and reinstated the trial court's judgment.