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JOHNSON v. HENDERSON

No. 2004-CA-1723.

899 So.2d 626 (2005)

Charles JOHNSON. v. Freddie HENDERSON and Imperial Fire and Casualty Insurance Company.

Court of Appeal of Louisiana, Fourth Circuit.

March 16, 2005.

Attorney(s) appearing for the Case

James Maher, III, New Orleans, LA, for Plaintiff/Appellee.

Paul D. Oberle, Jr., Richie & Richie & Oberle, L.L.P., Shreveport, LA, for Defendant/Appellant.

(Court composed of Judge JAMES F. McKAY, III, Judge DENNIS R. BAGNERIS, SR., and Judge DAVID S. GORBATY).

DENNIS R. BAGNERIS, SR., Judge.

Defendant, Imperial Fire and Casualty Insurance Company ("Imperial Insurance"), seeks review of the trial court's judgment holding that the "no pay, no play" provision in La. R.S. 32:866 does not apply in this case. For the following reasons, we affirm.

FACTS

This case arises from a motor vehicle accident that occurred on October 3, 2002, on Chef Menteur Boulevard in New Orleans, Louisiana. Plaintiff, Charles Johnson...

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