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BERGERON v. WILLIAMS

Nos. 99 CA 0886, 99 CA 0887.

764 So.2d 1084 (2000)

Allie P. BERGERON v. Donald WILLIAMS, Allstate Insurance Company and State of Louisiana, Department of Public Safety and Corrections, Office of Motor Vehicles. Patrick Pellegrin and Joycelyn Pellegrin, Individually and on Behalf of Their Minor Child, Faith Pellegrin v. Donald Williams, Allstate Insurance Company and State of Louisiana, Department of Public Safety and Corrections, Office of Motor Vehicles.

Court of Appeal of Louisiana, First Circuit.

Writ Denied September 15, 2000.

Attorney(s) appearing for the Case

Dennis J. Elfert, Danny J. Lirette, Houma, Counsel for Plaintiff/Appellee, Allie P. Bergeron.

Gregg J. Graffagnino, Houma, Counsel for Plaintiffs/Appellees, Patrick Pellegrin and Joycelyn Pellegrin, Individually and on behalf of their minor child, Faith Pellegrin.

Ray A. Collins, Larose, Counsel for Defendants/Appellees, Allstate Insurance Company and Donald Williams.

Christopher H. Riviere, Thibodaux, Counsel for Defendants/Appellees, Bluewater, Rubber & Gasket Co. and Audubon Indemnity Insurance Co.

David M. Cambre, New Orleans, Counsel for Defendant/Appellee, Audubon Indemnity Co.

Musa Rahman, Baton Rouge, Counsel for Intervenor/Appellant, Louisiana Workers' Compensation Corporation.

Debra K. Basile, Assistant Attorney General, Lafayette, Counsel for Defendant/Appellee, State of Louisiana, Department of Public Safety and Corrections, Office of Motor Vehicles.

Before: GONZALES, FITZSIMMONS and WEIMER, JJ.

GONZALES, J.

In this appeal, the trial court granted the plaintiffs' motions for summary judgment, dismissing a claim of intervention filed by their employer's workers' compensation insurer. The trial court determined the workers' compensation insurer was not entitled to reimbursement under La. R.S. 23:1102(A), or to credit under La. R.S. 23:1102(B), against proceeds paid to the plaintiffs under the employer's uninsured/underinsured motorist insurance policy.

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