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SMYRE v. PROGRESSIVE SEC. INS. CO.

Nos. 98-CA-518, 98-CA-519.

726 So.2d 984 (1998)

Fashima SMYRE, individually and as natural tutrix of her minor children, Chantell A. Smyre and Brian K. Smyre and Mary Mack v. PROGRESSIVE SECURITY INSURANCE COMPANY, Daniel Struewing, Sheila Struewing, State Farm Mutual Automobile Insurance Company, Adrienne Duhe and Paul Duhe. Mary Mack and Florida International Indemnity Company v. Daniel Struewing, Paul Duhe, Progressive Security Insurance Company and State Farm Insurance Company.

Court of Appeal of Louisiana, Fifth Circuit.

December 16, 1998.

Attorney(s) appearing for the Case

Robert D. Peyton, Christovich & Kearney, Pan American Life Center, New Orleans, Louisiana, Attorney for Appellant.

David E. Walle, Ralph G. Breaux, New Orleans, Louisiana, Attorneys for Appellee Florida International Indemnity Company.

Sandra Cosby, Fredrick A. Miller & Associates, Metairie, Louisiana, Attorney for Appellees State Farm Mutual Automobile Insurance Company, Adrienne Duhe & Paul Duhe.

Panel composed of Judges EDWARD A. DUFRESNE, Jr., SOL GOTHARD and JAMES L. CANNELLA.

CANNELLA, Judge.

Defendant, Progressive Security Insurance Company (Progressive), appeals from the trial judge's denial of its' Motion for Summary Judgment and from the trial judge's granting of a Motion for Summary Judgment filed by co-defendant, Florida International Insurance Company (Florida International). The summary judgment filed by Florida International, which the trial judge granted, holds that Progressive provided insurance coverage to one of the alleged...

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