SMITH v. LOUISIANA FARM BUREAU CAS. INS.

Nos. 45,013-CA, 45,014-CA.

35 So.3d 463 (2010)

Gracie SMITH, Individually, and on Behalf of the Estate of Brian E. Smith, Plaintiff-Appellee v. LOUISIANA FARM BUREAU CASUALTY INSURANCE COMPANY, et al., Defendants-Appellees Gracie Smith, Individually, and on Behalf of the Estate of Brian E. Smith, Plaintiff-Appellee v. Progressive Security Insurance Company and Broubar, Inc., Defendant-Appellant and Defendant-Appellee.

Court of Appeal of Louisiana, Second Circuit.

April 23, 2010.


Attorney(s) appearing for the Case

Nelson, Zentner, Sartor & Snellings, by Fred Williams Sartor, Jr., for Appellant Progressive Security Insurance Company.

Charles Dean Jones, Rosalind D. Jones, for Appellee Gracie Smith, Individually, and on Behalf of the Estate of Brian E. Smith.

Cotton, Bolton, Hoychick & Doughty, L.L.C., by John Hoychick, Jr., for Appellees Louisiana Farm Bureau Casualty Insurance Co., Acadia Crawfish, Inc., Scott Broussard, and Joshua Pruett.

Wiener, Weiss & Madison, by Franklin H. Spruiell, Jr., Edwards, Stefanski & Zaunbrecher, by Scott A. Stefanski, for Appellee Broubar, Inc.

Before STEWART, DREW and LOLLEY, JJ.


DREW, J.

In this tragic auto accident case that resulted in a fatality, Progressive Security Insurance Company appeals a judgment finding that it provided primary insurance coverage to a temporary substitute vehicle and ordering it to pay damages.

We reduce the wrongful death award for loss of support from $160,000.00 to $122,000.00. In all other respects, the judgment is affirmed.

FACTS

On the morning of May 28, 2005, Brian Smith was driving...

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