The issue was the wife's UM policy exclusion for noninsured cars owned by resident relatives, so as to preclude coverage for injuries in an accident which occurred while wife was a guest passenger in a truck recognized as her husband's separate and paraphernal property.); Ledet v. Leighton, 98-952, p. 4 (La.Ct.App. 3 Cir. 2/3/99), 736 So.2d 854, 856, (The CNA Insurance Company policy declared that "relative" includes a ward or foster child. The issue was whether the named insured's former wife was covered under the liability policy.).
April 23, 1999. Prior report: La.App., 736 So.2d 854. IN RE: Ledet, Jessie J.; — Plaintiff(s); Applying for Writ of Certiorari and/or Review; to the Court of Appeal, Third Circuit, Number CA98-0952; Parish of Lafayette 15th Judicial District Court Div. "A" Number 94-1656.
1 Cir. 2/23/96), 672 So.2d 938. In Ledet v. Leighton, 98-952 (La.App. 3 Cir. 2/3/99), 736 So.2d 854, the term "relative" was defined in another insurer's policy as "(a) a person related to you by blood or marriage or adoption; (b) a person under the age of 21 who is in your care or that of a person named in (a); or (c) a dependent person in your care, unable to be self-supportive due to a medical handicap. Relative includes a ward or foster child." The jurisprudence also reveals several cases in which insurance policies define the term "family member" as persons related to the insured by blood, marriage or adoption, and specifically include foster children in that definition.
Following the 1997 amendment of the summary judgment law, summary judgments are now favored, and shall be used to "secure the just, speedy, and inexpensive determination" of all actions, except those excluded by LSA-C.C.P. art. 969. LSA-C.C.P. art. 966A(2); Ledet v. Leighton, 98-952, p. 2 (La. App. 3rd Cir. 2/3/99); 736 So.2d 854, writs denied, 99-0626 and 99-0640 (La. 4/23/99); ___ So.2d ___, ___. The amendment is procedural and is to be applied retroactively.
LAW AND DISCUSSION In Ledet v. Leighton, 98-952, pp. 2-3 (La.App. 3 Cir. 2/3/99); 736 So.2d 854, 855-56, a panel of this court stated: Following the 1997 amendment of the summary judgment law, summary judgments are now favored, and shall be used to "secure the just, speedy, and inexpensive determination" of all actions, except those excluded by La. Code Civ.P. art. 969.