GOODEN v. McMORRIS

No. 91-CA-0130.

588 So.2d 783 (1991)

Ruth GOODEN v. Will McMORRIS and State Farm Insurance Company.

Court of Appeal of Louisiana, Fourth Circuit.

Writ Denied January 10, 1992.


Attorney(s) appearing for the Case

Henry P. Julien, Jr., Julien & Julien, New Orleans, for plaintiff-appellant.

William R. Mustian, III, Stanga & Mustian, Metairie, for defendant/appellant.

C. Gordon Johnson, Jr., John A. Kopfinger, Jr., Porteous, Hainkel, Johnson & Sarpy, New Orleans, for defendant/appellee.

Ivor A. Trapolin, Miles G. Trapolin, Trapolin & Coleman, New Orleans, for intervenor/appellee.

Before SCHOTT, C.J., WILLIAMS, J., and BRYAN, J. Pro Tem.


SCHOTT, Chief Judge.

This case arose out of an automobile accident which occurred on May 31, 1986. The principal issue is whether the insurer of the driver at fault carried its burden of proof that notice of the policy's cancellation was mailed to the insured so as to make the cancellation effective prior to the accident. The trial court dismissed the claims against the insurer and the claimants have appealed.

Ruth Gooden was a passenger in an automobile owned...

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