LACHNEY v. HANOVER INS. CO.

No. 2004 CA 2316.

927 So.2d 380 (2005)

Jacquelyn L. LACHNEY, Individually, and as Administratrix of and on Behalf of the Estate of James Dale Lachney, Jr. and as Tutrix of Their Minor Children, James William Lachney, Stephanie Lynn Lachney, and Jessica Larynn Lachney v. HANOVER INSURANCE COMPANY, Martin Boudreaux, Michael J. Bourg, Dugas Legal Investigative Services, L.L.C., Allstate Insurance Company, Continental Casualty Company and Progressive Insurance Company.

Court of Appeal of Louisiana, First Circuit.

Writ Denied March 24, 2006.


Attorney(s) appearing for the Case

Terrence J. Hand, Ronald E. Lampard, Metairie, Counsel for Plaintiff/Appellant Jacquelyn L. Lachney, individually, and on behalf of estate of James Dale Lachney, Jr. and as tutrix of her minor children, James William Lachney, Stephanie Lynn Lachney, and Jessica Larynn Lachney.

Todd A. Hebert, Houma, Counsel for Defendant/Appellee Allstate Insurance Company.

Jason P. Lyons, Houma, Counsel for Defendant/Appellee Progressive Security Insurance Company.

John W. Waters, Jr., New Orleans, Counsel for Defendant/Appellee Hanover Insurance Company.

Sidney J. Angelle, Brant J. Cacamo, Counsel for Defendant/Appellee Martin Boudreaux, Michael Bourg and Hanover Insurance Co.

Kirk L. Landry, Baton Rouge, Counsel for Intervenor—2nd appellant Continental Casualty Company.

Before: CARTER, C.J., DOWNING and GAIDRY, JJ.


DOWNING, J.

The sole issue in this appeal arises from a judgment wherein the trial court found that the uninsured/underinsured (UM) selection form used by Progressive Security Insurance Company (Progressive) was valid and enforceable. For the following reasons we affirm the trial court judgment granting Progressive's motion for summary judgment.

Whether an insurance policy provides or precludes coverage is a dispute that is properly resolved within the framework...

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