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MALBREAUGH v. CNA INS. CO.

No. 2003 CA 2088.

887 So.2d 494 (2004)

Melissa MALBREAUGH v. CNA REINSURANCE COMPANY and Lionel Williams.

Court of Appeal of Louisiana, First Circuit.

September 17, 2004.

Attorney(s) appearing for the Case

David L. Bateman, Baton Rouge, for Appellee Plaintiff Melissa Malbreaugh.

Stephen Dale Cronin, Glen Scott Love, Baton Rouge, for Appellant Defendant State Farm Mutual Automobile Insurance Co.

Panel composed of Judges FRANK FOIL, RANDOLPH H. PARRO and JAMES E. KUHN.

FOIL, J.

This appeal arises out of a dispute over insurance coverage for an automobile accident. The UM insurer challenges the trial court's judgment allocating the plaintiff's compensatory damages and punitive damages so that the punitive damages would be paid under the primary insurance policy and the compensatory damages would be paid under the UM policy. For the reasons that follow, we reverse.

FACTS AND PROCEDURAL BACKGROUND

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