Ross v. State Farm Mut. Ins. Co.

Full title: MARK L. ROSS v. STATE FARM MUTUAL INSURANCE COMPANY

Court: STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT

Date published: Sep 9, 2013

2013 CW 0955 (La. Ct. App. Sep. 9, 2013)

Opinion

2013 CW 0955

09-09-2013

MARK L. ROSS v. STATE FARM MUTUAL INSURANCE COMPANY

KUHN

In Re: State Farm Fire and Casualty Company, applying for supervisory writs, 19th Judicial District Court, Parish of East Baton Rouge, No. 616603.

BEFORE: , HIGGINBOTHAM AND THERIOT, JJ.

WRIT DENIED.

TMH

MRT

KUHN, J., concurs. Plaintiff has a right of action against State Farm as a third party beneficiary under the State Farm policy as evidenced by plaintiff's cancelled check for plaintiff's part of the insurance premium. Further, State Farm's Motion for Summary Judgment is denied as material issues of fact remain concerning their relationship to the plaintiff. See Young v. State Farm Fire & Casualty Co., 426 So.2d 636, 640 (La. App. 1 Cir. 1983). COURT OF APPEAL, FIRST CIRCUIT

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DEPUTY CLERK OF COURT

FOR THE COURT