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DINGLER v. ZURICH COMMERICAL INS. CO.

No. 02-674.

833 So.2d 524 (2002)

John B. DINGLER, et ux. v. ZURICH COMMERCIAL INSURANCE COMPANY, et al.

Court of Appeal of Louisiana, Third Circuit.

Rehearing Denied January 15, 2003.

Attorney(s) appearing for the Case

W. Thomas Barrett, III, Attorney at Law, Lake Charles, LA, for Plaintiffs/Appellants, John B. Dingler, Lillie Dingler.

Elizabeth R. Smyth, John G. Alsobrook, Chopin, Wagar, Cole, Richard, Ruboul & Kutcher, Mandeville, LA, for Defendants/Appellants, Zurich American Insurance Company, Acme Truck Line, Inc.

Susan A. Daigle, Jason M. Welborn, Daigle, Scofield & Rivera, Lafayette, LA, for Defendant/Appellee, Assurance Company of America.

James T. McManus, M. Katherine Paine, McManus & Paine, Lafayette, LA, for Defendant, State Farm Mutual Automobile Insurance Company.

Preston D. Cloyd, Cloyd, Wimberly & Villemarette, Lafayette, LA, for Defendants, State Farm Mutual Automobile Insurance Company, Sidney J. Barras.

Daniel A. Rees, Rees & Rees, Breaux Bridge, LA, for Defendants, John A. Barras d/b/a Cajun Wood Products.

Court composed of NED E. DOUCET, JR., MICHAEL G. SULLIVAN, and GLENN B. GREMILLION, Judges.

SULLIVAN, Judge.

John and Lillie Dingler, Acme Truck Lines, Inc. (Acme), and its workers' compensation insurer, Zurich American Insurance Company (Zurich), appeal the grant of summary judgment in favor of Assurance Company of America (Assurance). For the following reasons, we reverse.

Facts

During the early morning hours of October 4, 1999, John Dingler was making a delivery for Acme, his employer, to Knight Oil Tools (Knight) in Lafayette...

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