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KIMBLE v. ALLSTATE INS. CO.

No. 97 CA 0481.

710 So.2d 1146 (1998)

Flora KIMBLE o/b/o Mark Dedon v. ALLSTATE INSURANCE COMPANY and Louis Tapia.

Court of Appeal of Louisiana, First Circuit.

Rehearing Denied June 2, 1998.

Attorney(s) appearing for the Case

David L. Bateman, Baton Rouge, for Plaintiffs-Appellants.

Lindsey J. Leavoy, Baton Rouge, for Defendant-Appellee Louis Tapia.

Robert L. Kleinpeter, Baton Rouge, for Defendant-Appellee Allstate Insurance Company.

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

SHORTESS, Judge.

David Tapia, a resident of 15412 Red Maple Place in Greenwell Springs, Louisiana, had a homeowner's insurance policy with Allstate Insurance Company. On July 7, 1995, Louis Tapia David's brother, shot David, who died shortly thereafter as a result of the gunshot wound. On the date of the incident, Louis was a resident of the home as well. Louis had a history of mental health problems dating back to the early 1970's and was eventually diagnosed as...

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