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CANTRELLE FENCE & SUPPLY v. ALLSTATE INS.

No. 87-C-1109.

515 So.2d 1074 (1987)

CANTRELLE FENCE AND SUPPLY COMPANY, INC., Carol Cantrelle, Norma K. Cantrelle, Wanda Cantrelle Romero and Charmaine Cantrelle Chaisson, Individually and as Natural Tutrix of the Minor Chrystal Chaisson v. ALLSTATE INSURANCE COMPANY.

Supreme Court of Louisiana.

Rehearing Denied January 7, 1988.

Attorney(s) appearing for the Case

Stephen M. LaRussa, David Norman, Houma, for applicant.

Keith M. Whipple, Houma, for respondent.

DIXON, Chief Justice.

The issue here is whether C.C.P. 4251 precludes, as a "division of obligation," the bringing of a second, separate suit for penalties and attorney's fees under R.S. 22:6582 after a previous suit for uninsured motorist coverage against the plaintiffs' insurer.

The trial court maintained Allstate's exception based on C.C.P. 425 and dismissed...

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