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CARRIER v. ALLSTATE INS. CO.

No. 96 CW 2681.

702 So.2d 367 (1997)

The Succession of Donald A. CARRIER, Elaine Carrier, Individually and as Administratrix of the minor children, Luke Carrier and Emily Carrier, and as Executrix of the Succession of Donald A. Carrier, April Carrier Hebert, Theresa Carrier Jones, and Donald A. Carrier, Jr. v. ALLSTATE INSURANCE COMPANY, Price LeBlanc, Inc., S.G. Adams Builders, Inc., Toyota Rent-A-Car System, Inc. State Farm Insurance Company and Willard Stewart.

Court of Appeal of Louisiana, First Circuit.

November 7, 1997.

Attorney(s) appearing for the Case

John M. Gallagher, Jr., New Orleans, for Plaintiffs—Appellee The Succession of Donald Carrier, et al.

Daniel R. Atkinson, Sr., Baton Rouge, for Defendant—Appellant Allstate Ins. Co.

Daniel E. Becnel, Jr., LaPlace, for Defendant—Appellee S.G. Adams Builders, Inc.

Terry J. Butcher, Baton Rouge, for Defendant—Appellee State Farm Ins. Co.

Donald R. Smith, Baton Rouge, for Defendant—Appellee Willard Stewart.

Charles Schutte, Jr., Baton Rouge, for Defendant—Appellee American Indemnity Co.

Before LOTTINGER, C.J., and SHORTESS and FOGG, JJ.

FOGG, Judge.

We granted a writ of certiorari in this case on application of the defendant/insurance company to decide whether the trial court erred in failing to grant a motion for summary judgment based on an exclusion in the insurance policy.1

FACTUAL AND PROCEDURAL BACKGROUND

This case arises out of an automobile accident occurring on October 4, 1993, when a van driven by Elaine Carrier was hit by a vehicle driven...

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