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PHILLIPS v. NEW HAMPSHIRE INS. CO.

No. 08-632.

997 So.2d 774 (2008)

Wade PHILLIPS, et al. v. NEW HAMPSHIRE INSURANCE COMPANY, et al.

Court of Appeal of Louisiana, Third Circuit.

November 5, 2008.

Attorney(s) appearing for the Case

Thomas O. Wells, Alexandria, LA, for Defendants/Appellees: Jackie D. Hampton, Jr., Cenla Courier Services, Inc., Bobby Adrian Patrick.

David L. Roberson, II, Bolen, Parker, Brenner, Lee & Gremillion Ltd., Alexandria, LA, for Defendants/Appellees: James Thomasee, Jim Thomasee Insurance Agency, Inc.

Russell L. Potter, Stafford, Stewart & Potter, Alexandria, LA, for Defendants/Appellees: Metropolitan Inurance Group Property, Casualty Company Metropolitan Group Property, Casualty Insurance Company.

Philip G. Hunter, Hunter & Morton, Alexandria, LA, for Plaintiffs/Appellees: Mary Beth Phillips, Wade Phillips.

Michael H. Rubin, Juston M. O'Brien, Jamie D. Seymour, McGlinchey Stafford, PLLC, Baton Rouge, LA, for Defendant/Appellant: New Hampshire Insurance Company.

Marjorie B. Breaux, Daigle, Jamison and Rayburn, LLC, Lafayette, LA, for Defendant/Appellant: New Hampshire Insurance Company.

Court composed of ULYSSES GENE THIBODEAUX, Chief Judge, OSWALD A. DECUIR and MARC T. AMY, Judges.

AMY, Judge.

A car accident occurred on May 29, 2006. The plaintiffs, alleging that the driver was in the course and scope of his employment, sued the driver's alleged employer and its insurer, among other defendants. The plaintiffs, the insurance agent, and the alleged employer filed a joint motion for summary judgment, seeking a judicial declaration that the insurer issued a policy affording coverage on the date of the accident. The trial court granted the motion...

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