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CLEMENT v. CONTINENTAL INS. CO.

No. 82 CA 0623.

430 So.2d 1212 (1983)

Edward H. CLEMENT, Sr., et al. v. CONTINENTAL INSURANCE COMPANY.

Court of Appeal of Louisiana, First Circuit.

Writ Denied June 3, 1983.

Attorney(s) appearing for the Case

Glenn P. Marcel, Baton Rouge, for plaintiffs-appellants Edward H. Clement, Sr., individually and on behalf of the Community existing between Edward H. Clement, Sr. and his wife, Anna Schwarzman Clement, and Anna Schwarzman Clement.

Gracella Simmons, Baton Rouge, for defendant-appellee Continental Ins. Co.

Before LOTTINGER, COLE and CARTER, JJ.

COLE, Judge.

The issue presented by this appeal is whether or not the defendant insurer has waived the benefits of Louisiana's "antistacking" law by the language used in the uninsured/underinsured provision of its motorist insurance policies.

On June 14,1978, Edward H. Clement, Jr. was killed in an automobile accident while riding in an automobile owned and operated by George W. Gravois. The one-car collision was allegedly caused by the fault of Mr. Gravois...

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