GREEN EX REL. PETERSON v. JOHNSON

No. 2014-C-0292.

149 So.3d 766 (2014)

Ashanti GREEN, as Tutrix of the Minors, Dave PETERSON III and David Peterson v. Michael JOHNSON, State Farm Insurance Agency, Allstate Insurance Company, and American Southern Home Insurance.

Supreme Court of Louisiana.

October 15, 2014.


Attorney(s) appearing for the Case

The Maughan Law Firm, Roy Hyrum Maughan, Jr. , Namisha D. Patel , Joshua David Roy, Baton Rouge, LA, for Applicant.

Hammonds, Sills, Adkins & Guice, LLP, Harold James Adkins , Baton Rouge, LA, Kinchen, Walker, Bienvenu, Bargas & Reed, LLC, Gregory Kent Moroux, Jr. , Lafayette, LA, Perry, Atkinson , Balhoff, Mengis & Burns, LLC, Daniel R. Atkinson, Jr. , Porteous, Hainkel & Johnson, LLP, Bryan Joseph Haydel, Jr. , Baton Rouge, LA, for Respondent.


HUGHES, J.

This writ presents the issue of whether a motorcycle accident victim, ostensibly insured under the provisions of the motorcycle co-owner's uninsured/underinsured motorist (UM) automobile insurance policy, was entitled to UM coverage under the policy even though there was no coverage for the accident under the policy's liability provisions. Finding the insurer failed to demonstrate a lack of UM coverage, we conclude the district court erred in granting summary...

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