RACHUBA v. HICKERSON

No. CA-5688.

503 So.2d 570 (1987)

Kathleen RACHUBA v. Ronald HICKERSON, Allstate Insurance Company and Insurance Company of North America.

Court of Appeal of Louisiana, Fourth Circuit.

February 12, 1987.


Attorney(s) appearing for the Case

Ronald A. Welcker, Dennis J. Phayer, Glorioso, Welcker & Zaunbrecher, New Orleans, for plaintiff.

Steven B. Witman, Johnston & Duplass, New Orleans, for defendant.

Before BARRY, KLEES and LOBRANO, JJ.


BARRY, Judge.

Kathleen Rachuba appeals a summary judgment which dismissed her personal injury suit due to the alleged tortfeasor's failure to timely renew his automobile insurance.

Rachuba argues the trial court erred because 1) Allstate failed to comply with the "time notice" requirement of La.R.S. 22:636.1, subd. A(5), 2) the notice was merely a qualified notice of Allstate's intent to cancel the policy, and 3) there are issues of material fact.

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