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PITTS v. FITZGERALD

No. 2001 CA 0543.

818 So.2d 847 (2002)

Louis PITTS, Sr., Felicia Pitts, Blair Pitts, Jude Pitts and Roderick Pitts v. James B. FITZGERALD, State Farm Mutual Automobile Insurance Company, Allstate Insurance Company, Progressive Security Insurance Company, and Government Employees Insurance Company.

Court of Appeal of Louisiana, First Circuit.

May 10, 2002.

Attorney(s) appearing for the Case

F. Scott Kaiser, Freddie Pitcher, Jr., Kimberly Hood, Baton Rouge, Counsel for Plaintiffs/Appellees Louis Pitts, Sr., et al.

Ian A. MacDonald, Craig Richardson, Lafayette, Counsel for Defendant/Appellant Progressive Security Ins. Co.

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

CLAIBORNE, Judge.

At issue in this appeal is whether the Louisiana anti-stacking statute, La. R.S. 22:1406, precludes plaintiff, Louis Pitts, Sr., from recovering under an uninsured/underinsured motorist (UM) provision of an automobile liability insurance policy issued to him on a vehicle owned by him but not involved in the accident in question. For the following reasons, we reverse the trial court judgment.

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