ELLEDGE v. WARREN

No. 3835.

263 So.2d 912 (1972)

Mary A. ELLEDGE, Individually and In Her Capacity As Natural Tutrix of the Minor, Murray Jay Elledge, Plaintiff-Appellant, v. Earl F. WARREN et al., Defendants-Appellees.

Court of Appeal of Louisiana, Third Circuit.

Rehearing Denied June 15, 1972.

Writ Refused September 19, 1972.


Attorney(s) appearing for the Case

Richard R. Kennedy, Lafayette, for plaintiff-appellant.

McBride & Brewster, by Robert R. McBride, Lafayette, for defendants-appellees.

Before FRUGE, HOOD and MILLER, JJ.


MILLER, Judge.

The trial court granted summary judgment dismissing Mary A. Elledge's claim against her insurer under the uninsured motorist coverage, enforcing the exclusion of uninsured motorist coverage when the insured is occupying an uninsured automobile owned by the named insured or a relative. We reverse. The exclusionary provision is contrary to the statute which requires uninsured motorist protection unless specifically waived.

Mary A. Elledge owned...

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