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GREEN v. BOBBY A. FREEMAN ESTATE

No. 99-1262.

759 So.2d 201 (2000)

Glenda Faye Campbell GREEN, et al. v. BOBBY A. FREEMAN ESTATE, et al.

Court of Appeal of Louisiana, Third Circuit.

April 5, 2000.

Attorney(s) appearing for the Case

T. Taylor Townsend, Kelly, Townsend & Thomas, Natchitoches, LA, Counsel for Plaintiff/Appellee.

David L. White, Bossier City, LA, Luke Edwards, Lafayette, LA, Counsel for Patterson Insurance Company.

Stephen N. Elliott, Bernard, Cassisa & Elliott, Metairie, LA, Counsel for T.J. Ivey d/b/a Ivey Lumber Company and Empire Fire & Marine Insurance Company.

C. Michael Futrell, Matchett, Verbois, Futrell, Baton Rouge, LA, Counsel for Estate Thomas Green.

Darrell K. Cherry, Robert E. Kerrigan, Deutsch, Kerrigan & Stiles, New Orleans, LA, Counsel for Generali Assicurazioni Generali.

Amos H. Davis, Smith and Davis, Baton Rouge, LA, William F. Bologna, Habans, Bologna & Carriere, New Orleans, LA, Counsel for James Cade and Cade Wood, Inc.

Richard A. Bailley, Assistant Attorney General, Alexandria, LA, Counsel for LA DOTD.

Robert W. Fenet, Cullen J. Dupy, W. Brett Brunson, Breazeale, Sachse & Wilson, Baton Rouge, LA, Counsel for Homestead Insurance Company, Jimmie Shell d/b/a Shell Logging.

(Court composed of NED E. DOUCET, Jr., HENRY L. YELVERTON, SYLVIA R. COOKS, JIMMIE C. PETERS, and MARC T. AMY, Judges).

YELVERTON, Judge.

This appeal raises two issues. The first is whether Thomas Green was an employee or an independent contractor. The second is whether there was coverage for Green under an insurance policy issued by Empire Fire and Marine Insurance Company.

FACTS

On November 3, 1993, Thomas Green was traveling west on Louisiana Highway 111 in Vernon Parish, driving a logging truck loaded with logs. At the same time, Bobby Freeman was also driving...

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