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TOBEY v. McDOW

No. 24035-CA.

605 So.2d 707 (1992)

E.T. TOBEY, Individually and as Executor of the Estate of Robert Drake Tobey, Plaintiff-Appellant, v. James Woodroe McDOW, Jr., Michael Mosely, Louisiana Indemnity Insurance Company, and State Farm Mutual Automobile Insurance Company, in Solido, Defendants-Appellees.

Court of Appeal of Louisiana, Second Circuit.

Writ Granted November 20, 1992.

Attorney(s) appearing for the Case

M. Carl Rice and Associates by William F. Kendig, Shreveport, for plaintiff-appellant, E.T. Tobey.

Lunn, Irion, Johnson, Salley & Carlisle by Marshall R. Pearce, Shreveport, for defendants-appellees, Michael Mosely and State Farm Mut. Auto Ins.

Hicks & Hubley by Michael Hubley, Shreveport, for defendant-appellee, James Woodroe McDow, Jr.

Before SEXTON, LINDSAY and VICTORY, JJ.

SEXTON, Judge.

Plaintiff, E.T. Tobey, individually and as executor of the estate of his son, Robert Drake Tobey, appeals an adverse summary judgment denying coverage under the terms of an automobile liability insurance policy. We affirm.

This action, a companion case to Perkins v. McDow, 602 So.2d 275 (La.App. 2d Cir. 1992), arises from the same accident involved in Perkins v. McDow and the issue is identical...

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