GENTRY v. MEADE

Nos. 99-CA-1030, 99-CA-1031.

767 So.2d 60 (2000)

Louis GENTRY, Jr., et al. v. John Alden MEADE, et al. Lisa L. Gagliano, et al. v. United Services Automobile Association, et al.

Court of Appeal of Louisiana, Fourth Circuit.

Writ Denied October 6, 2000.


Attorney(s) appearing for the Case

Edward F. Downing, III, Gauthier, Downing, Labarre, Beiser & Bean Metairie, Louisiana, and Glen A. Woods, New Orleans, Louisiana, Counsel for Plaintiffs/Appellees (Lisa L. Gagliano, et al.).

Timothy G. Schafer, Schafer & Schafer, New Orleans, Louisiana, Counsel for Defendant/Appellant (United Services Automobile Association).

C. Gordon Johnson, Jr., James R. Nieset, Jr., Porteous, Hainkel, Johnson & Sarpy, New Orleans, Louisiana, Counsel for Defendant/Appellant (John Alden Meade).

Court composed of Judge WILLIAM H. BYRNES, III, Judge JOAN BERNARD ARMSTRONG, Judge MICHAEL E. KIRBY.


KIRBY, Judge.

This appeal raises the following question: When a guest passenger is personally protected by layers of primary and excess uninsured/underinsured ("UM") coverage, does La.R.S. 22:1406(D)(1)(c)(ii)(bb)1 limit him or her to recovering from only one layer of coverage, besides insurance applicable under La.R.S. 22:1406(D)(1)(c)(ii)(aa)? Or, phrased differently, does the anti-stacking provision compel the injured guest passenger...

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