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WOOLEY v. STATE FARM FIRE AND CAS. INS. CO.

No. 2005 CA 1490.

928 So.2d 618 (2006)

J. Robert WOOLEY, in his Capacity as Acting Commissioner of Insurance, State of Louisiana v. STATE FARM FIRE AND CASUALTY INSURANCE COMPANY, Honorable Murphy J. Foster, in His Capacity as Governor of Louisiana, Anne Wise, in Her Capacity as Director of the Division of Administrative Law, and Allen Reynolds, in his Capacity as Director of the Department of State Civil Service.

Court of Appeal of Louisiana, First Circuit.

February 10, 2006.

Attorney(s) appearing for the Case

Barry E. Ward, Baton Rouge, Counsel for Plaintiff/Appellee J. Robert Wooley Commissioner of Insurance State of Louisiana.

William D. Treeby, Wayne J. Lee, Stephen G. Bullock, Sarah H. Barcellona, New Orleans, Counsel for Defendant/Appellant State Farm Fire & Casualty Company.

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

GAIDRY, J.

This matter comes to us on remand from the decision of the Louisiana supreme court in Wooley v. State Farm Fire and Casualty Insurance Company, 04-882 (La.1/19/05), 893 So.2d 746. Finding no justiciable controversy as to the remaining issues, we vacate the judgment of the district court declaring the insurance policy form language at issue contrary to law.

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