BAILEY v. STATE FARM MUTUAL AUTO. INS.

22-091 22-092.

354 So.3d 777 (2022)

Fallon BAILEY, Individually, and on Behalf of Her Minor Child, I.B. v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Kent Morgan, and Allen Carriere.

Court of Appeal of Louisiana, Third Circuit.

December 29, 2022.


Attorney(s) appearing for the Case

Andrew J. Quackenbos , Kaliste Joseph Saloom IV , Domengeaux Wright Roy & Edwards, LLC, 556 Jefferson Street, Suite 500, Post Office Box 3668, Lafayette, Louisiana 70502-3668, (337) 233-3033, COUNSEL FOR PLAINTIFF/APPELLANT: Fallon Bailey.

F. Douglas Wimberly , Cloyd & Wimberly, LLC, 302 La Rue France, Suite 204, Post Office Box 53951, Lafayette, Louisiana 70505-3951, (337) 289-6906, COUNSEL FOR DEFENDANT/APPELLEE: State Farm Fire & Casualty Insurance Company.

Michelle D. Brooks , Porteous, Hainkel and Johnson, LLP, 211 West Fifth Street, Thibodeaux, Louisiana 70301-3199, (985) 446-8451, COUNSEL FOR DEFENDANTS/APPELLEES: State Farm Mutual Automobile Insurance Company, Kent Morgan, and Allen Carriere.

Court composed of Billy Howard Ezell, Jonathan W. Perry, and Gary J. Ortego, Judges.


At issue in this appeal is the trial court's grant of partial summary judgment finding the excess insurer's policy does not provide coverage for plaintiff's claims against the tortfeasor defendant. The plaintiff appeals, arguing the excess insurer's policy provides coverage because the waiver...

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