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DAUPHIN v. LAFAYETTE INS. CO.

No. 01-1236.

817 So.2d 144 (2002)

Danette C. Dauphin and David M. DAUPHIN, Individually and as Natural Tutors of Their Minor Children, Lisa Faber and Lukas Dauphin v. LAFAYETTE INSURANCE COMPANY, The Nacher Corporation and James L. Davis, II.

Court of Appeal of Louisiana, Third Circuit.

February 6, 2002.

Attorney(s) appearing for the Case

Mark E. Stipe, Perret Doise, APLC, Lafayette, LA, Counsel for Defendant/Appellant Louisiana Farm Bureau Casualty Insurance Company.

Janice M. Reeves, Onebane, Bernard, Torian, Diaz, McNamara & Abell, Lafayette, LA, Counsel for Defendant/Appellee Lafayette Insurance Company, The Nacher Corporation and James L. Davis, II.

J. Clemille Simon, Attorney At Law, Lafayette, LA, Counsel for Plaintiffs/Appellees Danette C. Dauphin and David M. Dauphin, individually and as natural tutors of their minor children, Lisa Faber and Lukas Dauphin.

Court composed of Chief Judge NED E. DOUCET, JR., HENRY L. YELVERTON, and JIMMIE C. PETERS, Judges.

YELVERTON, J.

Louisiana Farm Bureau Casualty Insurance Company (Farm Bureau) appeals a trial court judgment finding that (1) it was not subrogated to its insured's rights against the tortfeasor and his insurer, and (2) it was not entitled to payment from the tortfeasor and his insurer based on Louisiana Civil Code Article 2302.

FACTS

Danette Dauphin's car was rear-ended by James Davis' truck as she was traveling home on April 25, 1997. She was injured...

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