DABNEY v. PLAISANCE

No. 2002-CA-0710.

832 So.2d 1103 (2002)

Whitney DABNEY, Jr., v. Todd P. PLAISANCE, Fay L. Cohn and/or Robin & Cohn Seafood Distributors, Inc. and State Farm Mutual Automobile Insurance Company.

Court of Appeal of Louisiana, Fourth Circuit.

Rehearing Denied January 7, 2003.


Attorney(s) appearing for the Case

Ford T. Hardy, Jr., New Orleans, LA, for Plaintiff/Appellant.

John C. Overby, Brian C. Bossier, Erin H. Boyd, Jason T. Little, Blue Williams, L.L.P., Metairie, LA, for Defendant/Appellee.

(Court composed of Judge STEVEN R. PLOTKIN, Judge MIRIAM G. WALTZER, Judge TERRI F. LOVE).


STEVEN R. PLOTKIN, Judge.

Plaintiff, Whitney Dabney, appeals a lower court judgment granting a motion for summary judgment in favor of defendant, Traveler's of Illinois ("Travelers"), dismissing plaintiff's UM claim on the basis of a waiver of UM coverage executed by Traveler's insured, Magnolia Marketing Company ("Magnolia"). Plaintiff also appeals the lower court's denial of its own motion for summary judgment seeking a declaration that the UM waiver is invalid...

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