SUTHOFF v. JENKINS

No. 94-CA-1024.

653 So.2d 693 (1995)

Adolph B. SUTHOFF and Melissa Suthoff v. Charlie JENKINS, Automotive Casualty Ins., et al.

Court of Appeal of Louisiana, Fifth Circuit.

March 28, 1995.


Attorney(s) appearing for the Case

Robert J. Caluda, Laurence Cohen, New Orleans, for plaintiffs-appellants.

Gregory A. Langteau, Metairie, Robert T. Lorio, Bruce R. Hoefner, Jr., Salvadore V. Spalitta, Andrea M. Jeanmarie, New Orleans,

David S. Fos, Kenner, for defendants-appellees.

Before KLIEBERT, GRISBAUM and DUFRESNE, JJ.


DUFRESNE, Judge.

The only question in this appeal is whether the fleet automobile liability policy at issue was a "renewal" policy, for which the previous year's waiver of uninsured motorist coverage remained valid, or whether it was a "new" policy, thus requiring that a new waiver of UM coverage be executed. The trial judge found that it was a "renewal" policy for which the prior waiver remained valid, and therefore that there was no UM coverage for the accident...

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