FAY v. WILLIS

No. CA 901864.

577 So.2d 1147 (1991)

Cindy FAY, Individually and on Behalf of her Minor Children, Shannon Fay, Sheridan Fay and Shane Fay, and as Representative of the Estate of Gary Fay v. Dalton WILLIS, Donald P. Trosclair, the Greater New Orleans Expressway Commission, Liberty Mutual Insurance Company, and State Farm Automobile Insurance Company.

Court of Appeal of Louisiana, First Circuit.

Rehearing Denied May 2, 1991.


Attorney(s) appearing for the Case

C. Gordon Johnson, Jr., New Orleans, for defendant-appellant State Farm Auto. Ins. Co.

Thomas E. Loehn, New Orleans, for plaintiff-appellee Cindy Fay.

Before SAVOIE, CRAIN and FOIL, JJ.


FOIL, Judge.

At issue in this case is whether plaintiffs are precluded from recovering under an uninsured motorist policy issued on a vehicle owned and operated by the insured at the time of the fatal accident, where plaintiffs accepted the uninsured motorist limits on a second policy covering the involved vehicle. We hold that the anti-stacking prohibition does not apply so as to bar recovery under the UM policy at issue in this case and affirm the trial court's...

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