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PETERS v. ALLSTATE INS. CO.

No. 2003-C-1206.

852 So.2d 1107 (2003)

Herbert PETERS, Jr., et al. v. ALLSTATE INSURANCE COMPANY, et al.

Court of Appeal of Louisiana, Fourth Circuit.

Rehearing Denied September 15, 2003.

Attorney(s) appearing for the Case

Michael R. Sistrunk, Kyle P. Kirsch, McCranie, Sistrunk, Anzelmo, Hardy, Maxwell & McDaniel, Metairie, LA, for Defendant/Relator, Amica Mutual Insurance Company.

Ramona N. Wallis, Law Office of Harold G. Toscano, New Orleans, LA, for Defendant/Respondent, Allstate Insurance Company-Encompass Insurance.

(Court composed of Judge JOAN BERNARD ARMSTRONG, Judge MICHAEL E. KIRBY, Judge MAX N. TOBIAS, JR.).

MAX N. TOBIAS, JR., Judge.

We grant the application for supervisory writ of co-defendant, Amica Mutual Insurance Company ("Amica"), to conduct a de novo review of a judgment of the First City Court of New Orleans that held Amica, as the insurer of the defendant/driver of the automobile involved in an accident, was primary and Allstate Insurance Company ("Allstate"), the insurer of the defendant/owner of the vehicle involved in the accident, was excess. The...

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