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SEIBEL v. HOLMES

2022 CA 1107.

371 So.3d 1082 (2023)

John SEIBEL, Individually, and on behalf of his Minor Child, Rex Seibel, and Maleah Flanagan v. Cathy HOLMES, Joe Harteau, Esurance Property and Casualty Insurance Company, Aaron Munro, USAA Casualty Insurance Company, and XYZ Insurance Company.

Court of Appeal of Louisiana, First Circuit.

Judgment Rendered: August 16, 2023.

Attorney(s) appearing for the Case

Leonard J. Cline, Jr. , Lionel J. Favret, III , Clinton G. Mead , Metairie, Louisiana, Counsel for Plaintiffs/Appellants John Seibel, individually and on behalf of his minor child, Rex Seibel, and Maleah Flanagan.

Rachel Chance Kramar , James W. Hailey, III , John G. Alsobrook , New Orleans, Louisiana, Counsel for Defendant/Appellee Acuity, a Mutual Insurance Company.

Charles V. Giordano , Michael E. Escudier , Ryan D. Kelley , Metairie, Louisiana, Counsel for Defendants/Appellees Cathy Holmes and Joe Harteau.

BEFORE: McCLENDON, HOLDRIDGE, AND GREENE, JJ.

In this personal injury matter, the plaintiffs appeal the judgment of the trial court that sustained a defendant insurer's peremptory exception raising the objection of no right of action and dismissed the plaintiffs' claims against the insurer. For the reasons that follow, we reverse and remand.

FACTS AND PROCEDURAL HISTORY...

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