BARNICKEL v. MYLES

No. 98 CA 2613.

757 So.2d 29 (1999)

Michael Joseph BARNICKEL v. Leon F. MYLES; L.D. Leasing Corp.; St. Francis Xavier Bus Services, Inc.; Cleveland Jefferson; Reliance National Indemnity; and the Hanover American Ins. Co.

Court of Appeal of Louisiana, First Circuit.

Rehearing Denied February 15, 2000.


Attorney(s) appearing for the Case

Guy Modica, Sr., Baton Rouge, for Plaintiff/Appellee, Michael Joseph Barnickel.

John R. Keogh, Baton Rouge, for Defendant/Appellant, The Hanover American Insurance Company.

Sandra S. Rester, Baton Rouge, for Intervenor, The Paper Shack and Party Store.

BEFORE: CARTER, C.J., LeBLANC, and PETTIGREW, JJ.


CARTER, C.J.

This is an appeal from a certified partial summary judgment, wherein the trial court found that an insured was required to execute another UM waiver when an additional vehicle was added to its commercial automobile insurance policy. However, because there is a material fact at issue, the trial court's granting of summary judgment must be reversed.

FACTS

Plaintiff, Michael Barnickel, was an employee of The Paper Shack and Party Store...

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