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PAXTON v. SANDERSON

No. 32,313-CA.

763 So.2d 634 (1999)

Patricia Rawls PAXTON, individually and as tutrix of her minor child, Constance Tiffany Paxton, Plaintiffs-Appellants, v. Wanda Faye SANDERSON and Lloyd Sanderson, Defendants-Appellants, State Farm Fire & Casualty Co., Defendant-Appellee.

Court of Appeal of Louisiana, Second Circuit.

Rehearing Denied January 20, 2000.

Attorney(s) appearing for the Case

Wright & Underwood by Bobby N. Underwood, Monroe, Counsel for Plaintiffs-Appellants.

Hudson, Potts & Bernstein by Gordon L. James, Monroe, Counsel for Defendants-Appellants.

Cotton, Bolton, Hoychick & Doughty by John Hoychick, Jr., Rayville, Counsel for Defendant-Appellee, State Farm.

Before BROWN, STEWART, GASKINS, CARAWAY and DREW, JJ.

BROWN, J.

Is the motor vehicle exclusion in defendant's homeowner's insurance policy, when read in conjunction with the definition of the term "motor vehicle," ambiguous?

On October 26, 1996, 14-year-old Connie Paxton sustained personal injuries when she lost control of the three-wheeled all-terrain vehicle ("ATV") she was riding. On that date, Connie had gone with her boyfriend, Scott Sams, to ride ATVs on rural property owned by Scott's cousins, Carla and...

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