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DUPRE v. MAYNARD

No. 96 CA 1183.

692 So.2d 36 (1997)

Rickie DUPRE and Darla Samanie Dupre, individually and on behalf of their minor children, Jason Michael Dupre and Joey Paul Dupre v. Jarret MAYNARD, Allstate Insurance Company and Prudential Property and Casualty Insurance Company

Court of Appeal of Louisiana, First Circuit.

Rehearing Denied May 8, 1997.

Attorney(s) appearing for the Case

Michael J. Samanie, Houma, for Plaintiffs-Appellees.

Kenneth B. Givens, Houma, for Defendants-Appellees Jarret Maynard, et al. and Allstate Ins. Co.

Paul A. Eckert, Metairie, for Defendant-Appellee Prudential Property & Casualty.

Dennis J. Phayer, Metairie, for Intervenor-Appellee Sherwin Williams Co.

Maurice P. Mathieu, Houma, for Defendant-Appellee Charley J. Schrader, Jr.

Gregory J. Schwab, Houma, for Defendant-Appellee State Farm Ins. Co.

Robert B. Butler, III, Houma, for Defendant-Appellee State Farm Fire & Casualty Co.

Denis J. Gaubert, III, Howard L. Murphy, New Orleans, for Defendant-Appellant Insurance Co. of North America.

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

FOGG, Judge.

The salient issue raised in this appeal is whether uninsured motorists insurance coverage is available to the plaintiff under a liability policy issued to Sherwin-Williams by Insurance Company of North America (INA). For the reasons below, we reverse.

This matter arises from a vehicular accident that occurred on March 24,1993 on U.S. Highway 90 in Houma, Louisiana. Plaintiff, Darla S. Dupre, a manager for Sherwin-Williams, was returning to the...

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