JASPER v. PROGRESSIVE INS. CO.

No. 99-1479.

758 So.2d 848 (2000)

Kelvin JASPER v. PROGRESSIVE INSURANCE COMPANY, et al.

Court of Appeal of Louisiana, Third Circuit.

February 9, 2000.


Attorney(s) appearing for the Case

Robin L. Jones, Clyde R. Simien, Rickey W. Miniex, Simien & Miniex, Lafayette, Louisiana, Counsel for Plaintiff/Appellant.

Ian A. Macdonald, Lafayette, Louisiana, Counsel for Defendants/Appellees.

(Court composed of Judge NED E. DOUCET, Chief Judge, Judge BILLIE COLOMBARO WOODARD, and Judge MICHAEL G. SULLIVAN).


WOODARD, Judge.

Ms. Ruth Malveaux rear-ended a vehicle which Mr. Kelvin Jasper, Sr., was driving. Mr. Jasper was operating an uninsured vehicle owned by another person. We are asked to decide if he must forfeit the first $10,000.00 of his personal injury claim, based on the provisions of La.R.S. 32:866 A(1), which require such forfeiture in these circumstances.

On December 20, 1998, Mr. Charles A. James owned a 1997 Mitsubishi Galant. He did not have liability...

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