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VANDER v. SAFEWAY INS. CO. OF LA.

No. CA 2008-888.

5 So.3d 968 (2009)

Tate and April VANDER v. SAFEWAY INS. CO. OF LA.

Court of Appeal of Louisiana, Third Circuit.

February 25, 2009.

Attorney(s) appearing for the Case

Cris Rader Jackson, Jackson & McPherson, L.L.C., New Orleans, LA, for Defendant/Appellee: Centrix Funds Series, CLPS.

Melissa Faye Doise, Borne & Wilkes, Lafayette, LA, for Defendant/Appellee: Safeway Ins. Co. of LA.

Gregory P. Marceaux, Marceaux Law Firm, L.L.C., Lake Charles, LA, for Plaintiffs/Appellants: Tate Vander and April Vander.

Court composed of SYLVIA R. COOKS, JOHN D. SAUNDERS, and JIMMIE C. PETERS, Judges.

SAUNDERS, Judge.

This is a concursus proceeding. The owners of a vehicle filed suit against their insurer for failure to satisfactorily pay for the property damage to their vehicle. A settlement was reached, but when the checks were issued, they included the name of a secured creditor who had loaned the vehicle's owners the money to purchase the vehicle under an installment contract. The attorney for the vehicle's owners returned the checks to the insurance company...

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