STEPHANIE LEWIS v. STATE NATIONAL INSURANCE COMPANY INC QEO INSURANCE GROUP DAVID DEGRUY RICHARD DISPOSAL INC AND STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY IN ITS CAPACITY AS UN INSURED UNDER INSURED MOTORIST CARRIER (2023)

Court of Appeal of Louisiana, Fourth Circuit.

STEPHANIE LEWIS v. STATE NATIONAL INSURANCE COMPANY, INC., D/B/A QEO INSURANCE GROUP, DAVID DEGRUY, RICHARD'S DISPOSAL, INC., AND STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY (IN ITS CAPACITY AS UN-INSURED/UNDER-INSURED MOTORIST CARRIER)

NO. 2022-CA-0409

Decided: January 26, 2023

(Court composed of Judge Daniel L. Dysart, Judge Dale N. Atkins, Judge Nakisha Ervin-Knott)

Ryan Gaudet G. Adam Savoie DUDLEY DEBOSIER 622 Baronne Street New Orleans, LA 70113 COUNSEL FOR PLAINTIFF/APPELLEE John W. Waters, Jr. David Edward Walle, Esq BIENVENU FOSTER RYAN & O'BANNON, LLC 1010 Common Street Suite 2200 New Orleans, LA 70112—2455 Frederic Courtney Fondren MAYHALL FONDREN BLAIZE 1499 St. Charles Street Houma, LA 70360 Ronald Lawrence Wilson ATTORNEY AT LAW 701 Poydras Street Suite 4100 New Orleans, LA 70139 David A. Strauss Marco J. Salgado STRAUSS MASSEY DINNEEN, LLC 935 Gravier Street Suite 1450 New Orleans, LA 70112 COUNSEL FOR DEFENDANT/APPELLEE

DLD

DNA

NEK

Appellant's, State National Insurance Company, Inc. (“State National”), Application for Rehearing has been granted for the limited purpose of correcting this Court's December 28, 2022 Opinion (“December Opinion”) in this matter. As such, this Supplemental Opinion is necessary to clarify this Court's December Opinion.

The first and final paragraphs of the December Opinion reference the trial court's August 4, 2022 judgment granting Richard's Disposal, Inc. and David DeGruy's Motion for Partial Summary Judgment. However, that judgment was not in front of this Court in this appeal. Rather, State National is appealing the trial court's March 2, 2022 judgment granting Plaintiff's, Stephanie Lewis (“Lewis”), Motion for Partial Summary Judgment.

The December Opinion inadvertently references the incorrect trial court judgment. This Court intended to reverse and remand the trial court's judgment granting Lewis's Motion for Partial Summary Judgment. As such, trial court's March 2, 2022 judgment granting Plaintiff's, Lewis's, Motion for Partial Summary Judgment is hereby reversed and remanded for further proceedings.

LIMITED REHEARING GRANTED

Judge Daniel L. Dysart

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