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WILLIAMS v. LOWE

Nos. 02-CA-355, 02-CA-356.

831 So.2d 334 (2002)

Debra WILLIAMS, and Izal Williams, Jr., as the Administrator of the Estate of his Minor Child Izal Williams, III v. Kathy S. LOWE, Individually and as the Parent of the Minor Child Patricia Tucker, and American Deposit Insurance Company. Debra Williams and The Millers Casualty Insurance Company of Texas, as Partial Subrogee to the Rights of Debra Williams. v. Kathy Lowe, Individually and as the Natural Tutrix of her Minor Child, Patricia Tucker.

Court of Appeal of Louisiana, Fifth Circuit.

October 16, 2002.

Attorney(s) appearing for the Case

Thomas E. Campbell, Jacqueline A. Campbell, Metairie, LA, for Plaintiffs/Appellants, Debra Williams, and Izal Williams, Jr., as the Administrator of the Estate of the Minor, Izal Williams, III.

Stephen C. Aertker, Jr., Christian A. Shofstahl, New Orleans, LA, for Plaintiff/Appellant, The Millers Casualty Insurance Company of Texas.

Stephen M. Gelé, Claudia P. Santoyo, Ungarino & Eckert, LLC, Metairie, LA, for Defendant/Appellee, American Deposit Insurance Company.

Panel composed of Judges EDWARD A. DUFRESNE, JR., JAMES L. CANNELLA, and THOMAS F. DALEY.

THOMAS F. DALEY, Judge.

This appeal stems from the granting of a Summary Judgment in favor of American Deposit Insurance Company (hereinafter referred to as American) against its insured, Kathy S. Lowe. The Summary Judgment dismissed American from the litigation declaring that American had no duty to indemnify or defend its insured due to her failure to cooperate in the defense of this matter. Plaintiffs have appealed the Summary Judgment granted in favor of Ms. Lowe...

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