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SUPREME COURT OF LOUISIANA

No. 98-C-2852 TINA CHABAUD v. DANA SYLVESTER AND STATE FARM MUTUAL AUTOMOBILE INS. CO.

ON WRIT OF CERTIORARI TO THE FIFTH CIRCUIT COURT OF APPEAL
PER CURIAM* The instant case arises out of an automobile accident which occurred on October 23, 1996, between plaintiff, Tina Chaubaud, and defendant, Leonard McNeil. The automobile driven by McNeil was owned by defendant Dana Sylvester and insured by State Farm Mutual Automobile Insurance Company ("State Farm"). At the heart of this case is the coincidence that State Farm happened to serve as both the liability carrier over defendant Sylvester's automobile and the uninsured or underinsured motorist ("UM") carrier for plaintiff's vehicle. As a result of this accident, Plaintiff filed suit against the other driver, McNeil, the owner of the vehicle, Sylvester, and the insurer of the vehicle, State Farm, the State of Louisiana through the Department of Transportation and Development, and the Parish of Jefferson, Department of Traffic Engineering. Plaintiff's counsel submitted an offer to State Farm to settle the lawsuit against its insured, Dana Sylvester, and Leonard McNeil for State Farm's policy limit of $10,000.00. State Farm accepted plaintiff's offer and on July 23, 1997, plaintiff's counsel confirmed the agreement. On July 30, 1997, State Farm's counsel drafted and sent to plaintiff's counsel a Restricted Motion to Dismiss, a Restricted Receipt and Release and Indemnity Agreement ("the agreement"), and a check for $10,000.00. The agreement was executed and the

*

Calogero,C.J. not on panel. See La.S.Ct. Rule IV, Part II,

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