SMITH v. DOE

No. 2000-CA-1532.

786 So.2d 154 (2001)

John H. SMITH, Jr. v. John DOE, Jefferson Transit, Inc., Jefferson Parish Hospital Service District No. 2, Parish of Jefferson, State of Louisiana, D/B/A Jefferson General Hospital, and Empire Fire and Marine Insurance Company

Court of Appeal of Louisiana, Fourth Circuit.

April 11, 2001.


Attorney(s) appearing for the Case

Ford T. Hardy, Jr., Howard, Laudumiey, Mann, Reed & Hardy, New Orleans, Counsel for Plaintiff/Appellee.

Stephen N. Elliott, Eugene M. McEachin, Jr., Howard B. Kaplan, Bernard, Cassisa, Elliott & Davis, Metairie, Counsel for Defendant/Appellant.

Court composed of Judge STEVEN R. PLOTKIN, Judge MICHAEL E. KIRBY, Judge MAX N. TOBIAS Jr.


PLOTKIN, J.

The primary issue in this appeal is whether a trial court may enter judgment against a defendant insurance company under the uninsured/underinsured motorist ("UM") provisions of its automobile liability policy issued to a tortfeasor, if the insurance company has never admitted that it provides UM coverage. A secondary issue is whether a plaintiff who alleges that an appeal brief filed by a defendant insurance company supports his claim that the insurance...

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