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DIXON v. GENE MOODY TRUCKING, INC.

No. 36,420-CW.

830 So.2d 392 (2002)

Rodney L. DIXON, Plaintiff-Respondent, v. GENE MOODY TRUCKING, INC., et al., Defendants-Applicants.

Court of Appeal of Louisiana, Second Circuit.

October 23, 2002.

Attorney(s) appearing for the Case

Cook, Yancey, King & Galloway by Sidney E. Cook, Jr., William P. Buckley, Rebecca L. Lear, Shreveport, for Defendant Applicant Liberty Mutual Ins. Co.

Stockwell, Sievert, Viccellio, Clements & Shaddock by Andrew D. McGlathery, III, Lake Charles, for Plaintiff Respondent Rodney L. Dixon.

Mayer, Smith & Roberts by Caldwell Roberts, Jr., Shreveport, for Intervenor Respondent United Parcel Service, Inc.

Pettiette, Armand, Dunkelman, Woodley, Byrd & Cromwell by Joseph S. Woodley, Shreveport, for Defendant Respondent St. Paul Fire & Marine Ins. Co.

Stafford, Stewart & Potter by Russell L. Potter, Andrew P. Texada, Alexandria, for Defendant Respondent Geico General Ins. Co.

Lunn, Irion, Salley, Carlisle & Gardner by William Orie Hunter, III, James A. Mijalis, Jr., Shreveport, for Defendants Respondents Clarendon National Ins. Co., Gene Moody Trucking Inc. and Kevin K. Taylor.

Before STEWART, GASKINS and HARRISON (Pro Tempore), JJ.

STEWART, J.

We granted a writ application by Liberty Mutual Insurance Company, ("Liberty Mutual"), to review the denial of a motion for summary judgment pertaining to an apparent waiver of uninsured/underinsured motorist bodily injury ("UMBI") coverage by the insured, United Parcel Service, Inc., ("UPS"). Because we find there to be no genuine issue of material fact as to the validity of the waiver, we reverse the trial court's judgment, grant summary judgment in...

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