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

No. CA 14-329.

149 So.3d 831 (2014)

Jessie COLE, et ux. v. STATE FARM MUTUAL AUTOMOBILE INS. CO., et al.

Court of Appeal of Louisiana, Third Circuit.

October 1, 2014.

Attorney(s) appearing for the Case

Steven D. Crews , Corkern and Guillet, Natchitoches, LA, for Defendants/Appellees, State Farm Mutual Automobile Ins. Co., Edith P. Breedlove.

Musa Rahman , Johnson, Rahman & Thomas, Baton Rouge, LA, for Intervenor/Appellee, Louisiana Workers' Compensation Corporation.

Billy Lynn West, Jr. , Natchitoches, LA, for Plaintiffs/Appellees, Jessie Cole Gwen Cole.

Michael D. Lonegrass , Stephanie Dovalina , Galloway, Johnson, Tompkins, Burr & Smith, New Orleans, LA, for Defendant/Appellant, Arch Insurance Company.

Court composed of JOHN D. SAUNDERS, BILLY HOWARD EZELL, and J. DAVID PAINTER, Judges.

EZELL, Judge.

The Louisiana Workers' Compensation Corporation (LWCC) sought a credit against its obligation for future compensation payments because an employer's uninsured motorist (UM) carrier made payments on behalf of an employee involved in an automobile accident. The trial court granted summary judgment in favor of LWCC finding that it was entitled to a future credit. Arch Insurance Company, as the UM carrier, filed the present appeal arguing that LWCC is not...

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