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COURT OP APPEAL,
PIFDi CIROUlf

MB FEB-6 2008
CYNTHIA FESCHAREK NO. 07-CA-843
VERSUS FIFTH CIRCUIT
US AGENCIES INSURANCE COMPANY COURT OF APPEAL
STATE OF LOUISIANA
ON APPEAL FROM THE FIRST PARISH COURT
PARISH OF JEFFERSON, STATE OF LOUISIANA
NO. 144-646, DIVISION "A"
HONORABLE REBECCA M. OLIVIER, JUDGE PRESIDING

FEBRUARY 6, 2008

WALTER J. ROTHSCHILD
JUDGE

Panel composed of Judges Clarence E. McManus, Walter J. Rothschild, and Fredericka Homberg Wicker
SALVADOR M. BROCATO, III Attorney at Law 800 N. Causeway Boulevard Suite 100 Metairie, Louisiana 70001 COUNSEL FOR PLAINTIFF/APPELLANT
JOHN E. FAHERTY, JR. SCOTT A. CANNON
Attorneys at Law
200 Commercial Square Road
Suite B
Slidell, Louisiana 70461
COUNSEL FOR DEFENDANT/APPELLEE
AFFIRMED
In this automobile accident case, the trial court granted summary judgment in favor ofthe insurer on the issue of uninsured motorist ("UM") coverageunderthesubjectpolicy. Plaintiffnowappeals.
Facts
The facts ofthis case are not in dispute. On April 15, 2006, plaintiff, Cynthia Fescharek, was involved in an accident with Jason Washington, an uninsured motorist. Plaintiff filed the instant suit against USAgencies Insurance Company, alleging that defendant issued a policy of insurance to plaintiffwhich afforded UM coverage for the damages she sustained in the accident with Mr. Washington. USAgencies filed an answer to this petition admitting that it issued a policy of insurance to plaintiff, but denying that the policy included UM coverage.
Thereafter, USAgencies brought a motion for summary judgment on the basis that the subject policy did not provide UM coverage to plaintiff as
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