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

No. 49,079-CA.

142 So.3d 369 (2014)

Holly D. SWAYZE, et al, Plaintiff-Appellee v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, et al, Defendant-Appellant.

Court of Appeal of Louisiana, Second Circuit.

Rehearing Denied August 7, 2014.

Attorney(s) appearing for the Case

Davenport, Files & Kelly, L.L.P., Monroe, by M. Shane Craighead , Counsel for defendant-appellant, Shelter Mutual Insurance Co.

Anthony J. Bruscato , Monroe, Counsel for plaintiff-appellee, Holly D. Swayze.

Before STEWART, CARAWAY and LOLLEY, JJ.

CARAWAY, J.

The victim of an automobile accident originally filed suit against the tortfeasor and the liability insurer in Monroe City Court. Subsequently, the victim added her underinsured motorist (UM) carrier. Before trial, the victim settled with the tortfeasor and her liability insurer for the policy limits of $25,000, reserving rights against the UM carrier. By summary judgment, the UM sought to have the claims against it dismissed on the grounds that the trial...

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