PETERS, J.
These consolidated actions are again before us, this time on remand from the supreme court. When these matters were first before us, we attempted to reconcile conflicting decisions rendered by the jury and the trial court in a bifurcated trial by performing a de novo review of the record. Fontenot v. Patterson Ins. Co., 06-1624, 06-1625 (La.App. 3 Cir. 12/5/07),
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