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TABCHOURI v. PROGRESSIVE INS. CO.

No. 00-00134.

775 So.2d 1127 (2000)

Elie TABCHOURI v. PROGRESSIVE INSURANCE COMPANY, et al.

Court of Appeal of Louisiana, Third Circuit.

Rehearing Denied January 24, 2001.

Attorney(s) appearing for the Case

Jean Ouellet, Scott A. Dartez and Warren A. Perrin, Lafayette, LA, Counsel for Plaintiff/Appellee.

Ian MacDonald c/o Perret & Doise, Lafayette, LA, Counsel for Defendant/Appellant Progressive Insurance Company.

Brian L. Coody c/o Stockwell Sievert Viccellio Clements & Shaddock L L P, Lake Charles, LA, Counsel for Defendant/Appellant State Farm Mutual Automobile Insurance Company.

(Court composed of Chief Judge NED E. DOUCET, Jr., Judge GLENN B. GREMILLION, and Judge ELIZABETH A. PICKETT).

PICKETT, Judge.

FACTS

In the late hours of April 4 or early morning hours of April 5, 1997, the plaintiff's 1989 Maserati 430 was removed from his home and driven into the Vermilion River. The vehicle was taken with the use of a key, there being no evidence that either the steering column had been broken or the car had been "hot wired". The ignition was in the "on" position.

The plaintiff sought to recover from the defendants pursuant to two...

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