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STATE v. PROGRESSIVE SEC. INS. CO.

No. 2005-CA-0393.

929 So.2d 188 (2006)

Printess TATE, Jr. v. PROGRESSIVE SECURITY INSURANCE COMPANY, Gilbert Louis Brown, St. Paul Fire and Marine Insurance Company and Imperial Fire & Casualty Insurance Company.

Court of Appeal of Louisiana, Fourth Circuit.

March 22, 2006.

Attorney(s) appearing for the Case

Leon A. Aucoin, Law Offices of Leon A. Aucoin, Covington, Counsel for Plaintiff/Appellee.

David J. Bourgeois, C. Michael Pfister, Nicole McDaniel Bowen, Duplass, Zwain, Bourgeois & Morton, Metairie, Counsel for Defendant/Appellant.

(Court composed of Judge TERRI F. LOVE, Judge MAX N. TOBIAS, Jr. and Judge LEON A. CANNIZZARO, Jr.)

TERRI F. LOVE, Judge.

St. Paul Fire and Marine Insurance Company appeals the granting of summary judgment on the issue of Gilbert Brown's designation as an independent contractor. On de novo review, we reverse the judgment of the trial court finding that genuine issues of material fact exist and remand for further proceedings in accordance with this opinion.

FACTS AND PROCEDURAL HISTORY

The instant litigation arises out of a car accident,...

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