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DAUTERIVE v. BENIT

No. 98-705.

722 So.2d 1168 (1998)

Yolanda H. Dauterive and Quinn DAUTERIVE, Plaintiffs, v. Emmett J. BENIT, et al., Defendants [Allstate Insurance Company-Appellant] [Emmett J. Benit; D.L. Peterson d/b/a PHH Corporation and/or Nabors Drilling USA, Inc.; and National Union Fire Insurance Company of Pittsburgh, Pennsylvania-Appellees ].

Court of Appeal of Louisiana, Third Circuit.

December 9, 1998.

Attorney(s) appearing for the Case

Kenneth Warren DeJean, Lafayette, for Yolanda H. Dauterive.

Robert Murray Mahoney, Lafayette, for Emmett J. Benit.

Richard Earl Britson, Jr. and Joseph Hart Garbarino, for Allstate Ins. Co.

Before PETERS, SULLIVAN and PICKETT, Judges.

PICKETT, Judge.

The defendant Allstate Insurance Company, appeals a judgment of the trial court dismissing the suit filed by the plaintiffs, Yolanda and Quinn Dauterive, and all cross claims with prejudice. For the reasons set out below, we affirm in part, reverse in part and remand.

FACTS

On September 26, 1994, Yolanda H. Dauterive and Emmet J. Benit were involved in an automobile accident in New Iberia, Louisiana. Following the accident, Mrs. Dauterive...

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