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BABIN v. STATE FARM MUT. AUTO. INS. CO.

No. 12-CA-447.

113 So.3d 251 (2013)

Rachel BABIN, Wife of/and Royal Babin v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY and Matthew N. DeSalvo.

Court of Appeal of Louisiana, Fifth Circuit.

March 13, 2013.

Attorney(s) appearing for the Case

Thomas A. Gennusa, II , Joseph S. Piacun , Reid S. Uzee , Leonard J. Cline , Attorneys at Law, Metairie, LA, for Plaintiffs/Appellees, Rachel Babin, Wife of/and Royal Babin.

Joseph M. Messina , Charles R. Rumbley , Attorneys at Law, New Orleans, LA, for Defendants/Appellants, Matthew N. DeSalvo and State Farm Mutual Automobile Insurance Company.

James R. Carter , Attorney at Law, New Orleans, LA, for Defendant/Appellant, State Farm Mutual Automobile Insurance Company, in its U/M Capacity.

Panel composed of Judges ROBERT M. MURPHY, STEPHEN J. WINDHORST and HANS J. LILJEBERG.

STEPHEN J. WINDHORST, Judge.

Plaintiffs, Rachel Babin wife of/and Royal Babin, filed suit for damages after their car was rear-ended by a car driven by defendant Matthew DeSalvo. Defendant State Farm was named in two capacities; as the automobile liability insurer of DeSalvo, and also as the uninsured/underinsured motorist liability insurer for plaintiffs.

Prior to trial, Mrs. Babin stipulated that her damages were $50,000.00 or less. Trial was bifurcated...

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