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CAREY v. ORY

No. 82-134.

421 So.2d 1003 (1982)

Sunset CAREY and Stanley Cormier, Plaintiffs-Second Appellants-Appellees, v. Dennis ORY, et al., Defendants-First Appellants.

Court of Appeal of Louisiana, Third Circuit.

Rehearing Denied December 6, 1982.

Writ Denied February 4, 1983.

Attorney(s) appearing for the Case

Levingston, Tynes & Liles, Maurice Tynes, Lake Charles, for defendant-appellant-appellee.

McHale, Bufkin and Dees, Louis D. Bufkin, Lake Charles, for plaintiffs-appellees.

L. Daniel Bishop, Jr., DeQuincy, for defendant-appellee.

Raggio, Cappel, Chozen & Berniard, G. Michael Bourgeois, Lake Charles, for defendant-appellee.

Before CULPEPPER, GUIDRY and LABORDE, JJ.

CULPEPPER, Judge.

This is a tort action for damages. The plaintiffs, Sunset Carey and Stanley Cormier, were pedestrians struck by an automobile owned by Mr. and Mrs. Leroy Miller and operated by Dennis Ory. The plaintiffs sued Allstate Insurance Company as the liability insurer of the vehicle operated by Ory and Aetna Casualty & Surety Company as the underinsured motorist carrier. Allstate denied coverage on the grounds that Ory was not an omnibus insured within...

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