FERGUSON v. BOCSKOV

No. 07-CA-924.

983 So.2d 162 (2008)

Cynthia FERGUSON, Individually and on Behalf of her Minor Child, Rachel Holley v. Donna K. BOCSKOV, J & F Bus Service, Inc. and their Liability Insurance Carrier, Liberty Mutual Insurance Company.

Court of Appeal of Louisiana, Fifth Circuit.

March 25, 2008.


Attorney(s) appearing for the Case

Marc L. Frischhertz, Iran Thompson, Attorneys at Law, New Orleans, LA, for Plaintiff/Appellee.

Kenneth E. Pickering, Attorney at Law, New Orleans, LA, for Defendant/Appellant.

Panel composed of Judges EDWARD A. DUFRESNE, JR., MARION F. EDWARDS, and GREG G. GUIDRY.


GREG G. GUIDRY, Judge.

Defendant, National Automotive Insurance Company (National), appeals from the trial court judgment denying its motion for summary judgment and effectively granting the cross motion by the Plaintiff, Cynthia Ferguson, individually and on behalf of her minor child, Rachel Holley, finding uninsured motorist coverage had not been waived. For the reasons which follow, we reverse.

The issue presented in this case is whether a waiver of UM...

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