The application is denied. There is no error of law in the judgment complained of.
McCALEB, J., concurs, being of the opinion that plaintiff should have alternatively moved for a non-suit in either the trial court or the court of Appeal as to his liability insurer. His application for a remand on petition for rehearing was not justified and came too late.
HAWTHORNE, J., agrees with the concurring view of McCALEB, J.
SANDERS, J., is of the opinion a writ should be granted limited to the question of a remand in the interest of justice. See Article 2164, Louisiana Code of Civil Procedure.