HAYES v. DE BARTON

CA 16-541.

211 So.3d 1275 (2017)

Lonny HAYES v. Viviana Trevino DE BARTON, et al.

Court of Appeal of Louisiana, Third Circuit.

February 15, 2017.


Attorney(s) appearing for the Case

Randall E. Hart , Aaron Broussard , Steven Broussard , Broussard & Hart, LLC, 1301 Common Street, Lake Charles, LA 70601, (337) 439-2450, COUNSEL FOR PLAINTIFFS/APPELLEES: Lonny Hayes Melissa Hayes.

John J. Erny, III , Casler, Bordelon & Lawler, 2450 Severn Avenue, Suite 420, Metairie, LA 70001 (504) 832-3010 COUNSEL FOR DEFENDANT/APPELLEE: Progressive Insurance Company.

L. Lane Roy , Elizabeth C. Austin , Brown Sims, P.C., 600 Jefferson Street, Suite 800, Lafayette, LA 70501, (337) 424-1240, COUNSEL FOR DEFENDANT/APPELLANT: Penn Millers Insurance Company.

Court composed of Marc T. Amy, Elizabeth A. Pickett, David E. Chatelain, Shannon J. Gremillion, and John E. Connery, Judges.


Insurer appeals the trial court's grant of summary judgment in favor of the plaintiff, declaring that the uninsured/underinsured motorist (UM) coverage waivers that its insured executed were invalid; therefore, its commercial auto policy included UM coverage for the plaintiffs' damages. For the following reasons, we reverse that...

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