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COSTLY v. BATISTE

No. 01-CA-496.

802 So.2d 752 (2001)

Andrew COSTLY, Jr. v. Norwood BATISTE, his Insurance Company, State Farm Insurance Company, Patterson Insurance Company as the Insurance Carrier for Andrew Costly, Jr. and ABC Insurance Agency.

Court of Appeal of Louisiana, Fifth Circuit.

November 14, 2001.

Attorney(s) appearing for the Case

Fred R. Defrancesch, LaPlace, LA, Attorney for Plaintiff/Appellant (Andrew Costly, Jr.).

Matthew W. Pryor, Timothy E. Pujol, Percy, Pujol & Wall, Gonzales, LA, Attorneys for Defendants/Appellees (Norwood Batiste and State Farm Mutual Automobile Insurance Company).

Panel composed of Judges SOL GOTHARD, CLARENCE E. McMANUS, and WALTER J. ROTHSCHILD.

GOTHARD, Judge.

The sole issue presented in this appeal is whether plaintiff, Andrew Costly, Jr.,1 is precluded by the "no pay, no play" law embodied in LSA-R.S. 32:866 et. seq. from recovering damages sustained in an automobile accident. Plaintiff, Costly, filed this action against Norwood Batiste and his insurance company, State Farm Insurance Company (State Farm). In the petition plaintiff also names his own insurance company, Patterson...

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