BUTLER v. ALLEN

No. 2000 CA 1726.

808 So.2d 746 (2001)

Edith BUTLER v. Jacquelyn D. ALLEN and USAgencies Casualty Insurance Company, Inc.

Court of Appeal of Louisiana, First Circuit.

Writ Denied February 1, 2002.


Attorney(s) appearing for the Case

Johnnie L. Matthews, Baton Rouge, for Plaintiff-Appellee Edith Butler.

Michael L. Hyman, Baton Rouge, for Defendant-Appellant USAgencies Casualty Insurance Co., Inc.

Before: CARTER, C.J., PARRO, and CLAIBORNE, JJ.


CARTER, Chief Judge.

This appeal presents a single issue of first impression for our review: Can an injured party recover medical expenses under "economic-only" (EO) underinsured/uninsured motorist (UM) insurance if the underlying liability insurance coverage is sufficient to cover her economic damages but insufficient to cover the total damages she sustained? For the following reasons we conclude that the injured party can recover under the facts of this case.

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