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LEMOINE v. ILLINOIS NAT. INS. CO.

No. 38,237-CA.

868 So.2d 304 (2004)

Larry LEMOINE and Kathryn Lemoine, Plaintiffs-Appellees v. ILLINOIS NATIONAL INSURANCE COMPANY, Allstate Insurance Company, and Jennifer M. Boyer, Defendants-Appellants.

Court of Appeal of Louisiana, Second Circuit.

March 12, 2004.

Attorney(s) appearing for the Case

Lunn, Irion, Salley, Carlisle & Gardner, by J. Martin Lattier, Shreveport, for Defendant Appellant Illinois National Ins. Co.

McGlinchey Stafford, by Michael H. Rubin, Justin M. O'Brien, Baton Rouge, Street & Street, by C. Daniel Street, Monroe, for Plaintiffs Appellees Larry Lemoine and Kathryn Lemoine.

G. Larry Arbour, for Defendant Appellee Jennifer M. Boyer.

Before STEWART, GASKINS and PEATROSS, JJ.

STEWART, J.

At issue in this appeal by Illinois National Insurance Company ("Illinois") is whether the trial court erred both in finding coverage under a personal auto policy for Jennifer Boyer, who was listed as a "driver" on the declarations page of the policy, and in assessing damages for bad faith as provided under La. R.S. 22:1220. Finding that the trial court erred in both respects, we reverse the judgment as it pertains to Illinois.

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