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ELLIOTT v. ELLIOTT

No. 95 CA 1191.

672 So.2d 938 (1996)

Gwendolyn ELLIOTT, et al. v. David ELLIOTT, et al. Barry J. SCRUGGINS v. David Charles ELLIOTT, Southern United Fire Insurance Company, State Farm Insurance Company, and Greg Leger.

Court of Appeal of Louisiana, First Circuit.

Rehearing Denied May 16, 1996.

Attorney(s) appearing for the Case

Tony Clayton, Port Allen, and C. John Naquin, Jr., Baton Rouge, for Plaintiffs-Appellants Gwendolyn Elliott, Derrick Hall and Nicholes Hall.

William F. Janney, Baton Rouge, for Defendants-Appellees James Robert, Sr. and State Farm Mutual Auto Ins. Co.

Murphy J. Burke, III, Baton Rouge, for Defendant-Appellee State Farm Mutual Auto Ins. Co.

Leslie J. Schiff, Opelousas, for Defendants-Appellees David Elliott and Southern United Fire Ins. Co.

Elbert Lee Guillory, Opelousas, for Defendant-Appellee Barry J. Scruggins.

Richard Creed, Jr., Baton Rouge, for Defendant-Appellee Prudential Property & Casualty Ins. Co.

Thomas R. Pittenger, Baton Rouge, for Defendant-Appellee David Elliott.

Before LeBLANC, WHIPPLE and FOGG, JJ.

FOGG, Judge.

Plaintiff appeals a summary judgment rendered in favor of the defendant insurer upon a finding that LSA-R.S. 22:1406(D)(1)(e) precludes uninsured motorist insurance coverage. We affirm.

It is undisputed that David and Gwendolyn Elliott were married on November 2, 1991. Prior to their marriage, they entered into a prenuptial agreement and elected a separate property regime. The agreement recognized David Elliott's 1985 Ram Charger truck as his...

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