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CELESTINE v. STATE FARM MUT. AUTO. INS.

No. 98-578.

735 So.2d 1 (1998)

Alise CELESTINE, et al., Plaintiffs— Appellants, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, et al., Defendants—Appellees.

Court of Appeal of Louisiana, Third Circuit.

Writ Denied March 26, 1999.

Attorney(s) appearing for the Case

John Daniel Rayburn Jr., J. Clemille Simon, Kevin R. Duck, Lafayette, for Alise Celestine et al.

Preston D. Cloyd, Lafayette, for State Farm Mutual Automobile Insurance Company.

En Banc.

YELVERTON, Judge.

This circuit has decided to address en banc the issue of whether a third party who is not an insured under an insurance contract has a cause of action for damages and penalties under La.R.S. 22:1220(B)(5). The trial court granted a motion for summary judgment in favor of State Farm Mutual Automobile Insurance Company and Johnathan Boudreaux and against Alise Celestine, individually and as natural tutrix on behalf of her minor children, Jasper...

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