SAUER v. NATIONAL CAR RENTAL SYSTEM, INC.

No. 03-CA-1456.

873 So.2d 808 (2004)

Jerome A. SAUER and Barbara Sauer v. NATIONAL CAR RENTAL SYSTEM, INC., Iva A. Heflin, Rose Hutchins and Allstate Insurance Company.

Court of Appeal of Louisiana, Fifth Circuit.

April 27, 2004.


Attorney(s) appearing for the Case

Harold S. Bartholomew Jr., Metairie, LA, for Plaintiffs/Appellants, Jerome A. Sauer and Barbara Sauer.

Jeffery P. Lozes, New Orleans, LA, for Defendant/Second-Appellant, Iva A. Heflin.

James L. Donovan Jr., Metairie, LA, for Defendant/Appellee, Allstate Insurance Company.

Panel composed of Judges MARION F. EDWARDS, SUSAN M. CHEHARDY and CLARENCE E. McMANUS.


SUSAN M. CHEHARDY, Judge.

This is an automobile accident case, in which the plaintiffs and the individual defendant appeal a judgment granting the defendant insurer's motion for summary judgment based on a coverage defense. We reverse, finding the matter was not ripe for summary judgment, and remand for further proceedings.

The accident occurred on May 30, 2001, when a vehicle owned and being driven by Jerome Sauer was struck by a rental car being driven by...

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