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MISTICH v. WEEKS

Nos. 09-517, 09-518.

24 So.3d 300 (2009)

Elliott A. MISTICH, Jr., et al. v. Diedra R. WEEKS, et al. Judith Langlinais Mistich v. Louisiana Farm Bureau and State Farm Insurance.

Court of Appeal of Louisiana, Third Circuit.

November 4, 2009.

Attorney(s) appearing for the Case

George Pivach, II, Mark A. Pivach, Gregory P. Nolan, Ellen Pivach Dunbar, Belle Chasse, LA, for Plaintiffs/Appellants, Elliott Mistich, Jr., Jamie Mistich Bergeron, Estate of Elliott Mistich, Sr.

Charles R. Sonnier, Abbeville, LA, for Plaintiffs/Appellants, Judith L. Mistich, Marie M. Langlinais, Stephen and Monique Broussard.

Edward O. Taulbee, IV, Max Michael Menard, Taulbee & Associates, L.L.C., Lafayette, LA, for Defendants/Appellees, Farm Bureau Casualty Ins. Co. and Farm Bureau Mutual Ins. Co.

Court composed of ULYSSES G. THIBODEAUX, Chief Judge, SYLVIA R. COOKS, and JOHN D. SAUNDERS, Judges.

COOKS, Judge.

Plaintiffs appeal the judgment of the trial court granting the Defendants' Motion for Summary Judgment on the limited issue of coverage. For the reasons that follow, we find summary judgment was inappropriate, and we reverse and remand.

FACTS AND PROCEDURAL HISTORY

On May 2, 2004, Elliott Mistich, Sr. was driving a 2002 BMW 530 west on Louisiana Highway 92 in Youngsville. His mother-in-law, Marie Langlinais, was seated in the front...

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