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MONIZ v. DAVEREDE

No. 2009-CA-1630.

40 So.3d 1027 (2010)

Kelly Pepperman MONIZ, individually and on behalf of her Minor Children, Holly Ladner, Jeremy Moniz and Ivy Falgout, IV v. Louis J. DAVEREDE, III, State Farm Mutual Automobile Insurance Company, Sharon Pepperman, Progressive Security Insurance Company, as Liability Insurer for Sharon Pepperman, Progressive Security Insurance Company in its Capacity as Underinsured Motorist Insurer for Sharon Pepperman and the Parish of St. Bernard.

Court of Appeal of Louisiana, Fourth Circuit.

May 20, 2010.

Attorney(s) appearing for the Case

Dan A. Robin, Jr., Law Offices of Dan A. Robin, Jr., Chalmette, LA, for Plaintiff/Appellant, Kelly Pepperman Moniz.

James J. Kokemor, Casler Bordelon & McGinty, Metairie, LA, for Defendant/Appellee Progressive Security Insurance Company.

(Court composed of Chief Judge JOAN BERNARD ARMSTRONG, Judge TERRI F. LOVE, and Judge MAX N. TOBIAS, JR.).

JOAN BERNARD ARMSTRONG, Chief Judge.

The plaintiff-appellant, Kelly Pepperman Moniz, appeals the summary judgment dismissal of her claim against the defendant-appellee, Progressive Security Insurance Company ("Progressive"), for uninsured motorist coverage under a policy issued by Progressive. The trial court found that the Progressive policy provided no uninsured motorist coverage for the plaintiff under the facts of the case.

On January 28, 2007, the plaintiff...

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