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SUBERVIELLE v. STATE FARM MUT. AUTO. INS. CO.

No. 2008-CA-0261.

995 So.2d 1239 (2008)

Stacey and Charles SUBERVIELLE v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Brendon V. Mistrot, Richard V. Mistrot, Jr., Rechel Renee Austin Mistrot, Chris Wagner, Dino Huy, Jr., and US-Agencies Casualty Insurance Company, Inc.

Court of Appeal of Louisiana, Fourth Circuit.

October 1, 2008.

Attorney(s) appearing for the Case

Terrence J. Lestelle, Andrea S. Lestelle, Jeffery B. Struckhoff, Lestelle & Lestelle, APLC, Metairie, LA, for Plaintiffs/Appellees.

David V. Batt, Jonathan B. Womack, Lobman Carnahan Batt Angelle & Nader, New Orleans, LA, for State Farm Mutual Automobile Insurance Company.

(Court composed of Judge PATRICIA RIVET MURRAY, Judge TERRI F. LOVE, Judge DAVID S. GORBATY).

DAVID S. GORBATY, Judge.

In this appeal, defendants State Farm Mutual Automobile Insurance Company ("State Farm") contend that the trial court erred in issuing a declaratory judgment in favor of plaintiffs. For the reasons set forth below, we reverse and remand.

FACTS AND PROCEDURAL HISTORY

This action stems from an automobile accident that occurred on January 16, 2005. Plaintiffs Stacey and Charles...

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