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MATHENY v. GLEN FALLS INS. CO.

No. 97-30736.

152 F.3d 348 (1998)

Mary Kathleen MATHENY, individually and on behalf of her minor children Wesley Matheny, and Joseph Matheny, Plaintiffs-Appellants, v. The GLEN FALLS INSURANCE COMPANY and Continental Insurance Company, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

August 20, 1998.

Attorney(s) appearing for the Case

Scott Thomas Gegenheimer, Baton Rouge, LA, for Plaintiff-Appellant.

Scott G. Jones, Hulse & Wanek, New Orleans, LA, for Defendants-Appellees.

Before BARKSDALE, BENAVIDES and DENNIS, Circuit Judges.

DENNIS, Circuit Judge:

Mary Kathleen Matheny, individually and on behalf of her minor child, Wesley Matheny, and Joseph Matheny, her major son, appeal the district court's grant of summary judgment in favor of The Glen Falls Insurance Company and Continental Insurance Company. Because we conclude that the addition of Joseph Matheny as a newly licensed driver to the automobile insurance policy constituted a "new" policy, the absence of a UM selection/rejection by either...

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