NATIONAL INTERSTATE INS. CO. v. PLAIN

No. 2008-CA-0693.

12 So.3d 973 (2009)

NATIONAL INTERSTATE INSURANCE COMPANY v. Donna PLAIN, Mycatosh Graham, Barbara Godchaux, Carolyn Johnson, Ashley Johnson, Kathleen Cage, Attlah Darensbourg, Janice Carter, Johnny Carter, Reginald Hamilton, Linda Omeumu, Shawn Dupree, Gwen Dupree, Kathleen Gabe, Wanda Jackson, Tinnen Oulightfrotx.

Court of Appeal of Louisiana, First Circuit.

May 4, 2009.


Attorney(s) appearing for the Case

Douglas K. Williams, Lervette J. Blair, Scott N. Hersgens, Baton Rouge, LA, for Plaintiff/Appellee National Interstate Insurance Company.

Kirk A. Williams, Baker, LA, and Vincent J. DeSalvo, Baton Rouge, LA, for Defendants/Appellants Donna Plain, Individually and as Natural Tutrix of the Minor Children, D'Andre Turner, Antonio Turner, Justin Turner and Erica Turner; Mycatosh Graham, Individually and as Natural Tutrix of the Minor Child, Christopher Carter; Barbara Godchaux, Individually and as Natural Tutrix of the Minor Children, Christian Godchaux and Michael Taylor; Carolyn Johnson, Individually and as Natural Tutrix of the Minor Children, Antonio Johnson and Kyla Johnson; Ashley Johnson; Kathleen Cage; Attlah Darensbourg; Janice Carter, Individually and as Natural Tutrix of her Minor Grandchildren, Jason Carter, Asher Smith, and Samantha Parker; Johnny Carter; Reginald Hamilton; Linda Omuemu, Individually and as Natural Tutrix of the Minor Child, Raven Omuemu; Shawn DuPree, Individually and as Natural Tutor of the Minor Children, Jessika DuPree, Shasnzee DuPree, and Shawn DuPree; Gwen DuPree; Kathleen Gabe; Wanda Jackson; Tinnen Uolightfrotxos; Loyette Collins; Individually and as Natural Tutrix of the Minor Children, Lahairoi Collins, Leal Collins, David Collins, and Leah Collins; D. Coleman, Individually and as Natural Tutor/Tutrix of the Minor Child, Qshailya George; Samuel Edo, Individually and as Natural Tutor of the Minor Children, Stacy Edo, Shanice Edo, Shondell Edo, and Shamuel Edo; Inez Davis, Individually and as Natural Tutrix of the Minor Child, Tatiana Jackson; and Earlene Johnson, Individually and on Behalf of her Minor Child, Amber Johnson.

Before WHIPPLE, GUIDRY, PETTIGREW, McDONALD and HUGHES, JJ.


ON REHEARING

PER CURIAM.

Appellee, National Interstate Insurance Company ("National Interstate"), has petitioned this court for a rehearing of our February 13, 2009 decision, reversing the trial court's judgment granting National Interstate's Motion to Dismiss and denying appellants' motion for summary judgment concerning the validity of an uninsured/underinsured ("UM") selection form. National Interstate alleges...

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