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604 So. 2d 1055

Edwards v. Horstman

Louisiana Court of Appeal

Decided August 19, 1992

Louisiana Court of Appeal · decided 1992-08-19

Relies on 573 So. 2d 476 - Kessler v. Amica Mut. Ins. Co. · 504 So. 2d 82 - Foster v. Lafayette Ins. Co. · 579 So. 2d 1102 - Slade v. Altex Ready-Mix Concrete Corp.

Decided 1992-08-19

MARVIN, Chief Judge.

¶1We affirm a summary judgment in favor of the UM insurer of Anita Edwards that effectively declares that she was not covered under her UM policy for personal injuries she sustained when she, a guest passenger in a Chevrolet owned by another, was shot by a shotgun negligently or intentionally fired by a guest passenger in another vehicle that was racing the Chevrolet.

¶2There is no genuine issue of any material fact. Kessler v. Amica Mutual Ins. Co., 573 So.2d 476 (La.1991); Slade v. Altex Ready-Mix Concrete Corp., 579 So.2d 1102 (La.App.2d Cir.1991). Foster v. Lafayette Ins. Co., 504 So.2d 82 (La.App.2d Cir.1987), writ denied, is distinguishable and does not control. Costs are assessed to appellant.

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