Legal Opinion

Atkinson v. Boyne

District Court, E.D. Louisiana

Decided August 10, 2001No. CIV. A. 01-0113PublishedCited by 1 opinion

1Opinion of the Court

ORDER AND REASONS

DUVAL, District Judge.

Before the Court is a Motion for Judgment on the Pleadings filed by defendants John A. Boyne and Travelers Indemnity Company of Illinois (“Travelers”). Plaintiff filed a Petition for Declaratory Judgment on January 12, 2001 seeking an order from this Court that the “No Pay, No Play” provisions of La.Rev.Stat. 32:861, et seq., and particularly La.Rev.Stat. 32:866 are applicable to a non-resident of Louisiana and as such are unconstitutional. These statutes exclude recovery for the first $10,000 in property damage and the first $10,000 in bodily injury…

2Cases cited9 opinions

  1. Hebert Abstract Company, Inc. v. Touchstone Properties, Ltd.Court of Appeals for the Fifth Circuit · 1990
  2. William E. Mann v. Adams Realty Company, Inc.Court of Appeals for the Fifth Circuit · 1977
  3. Henry Mitchell and Donna Mitchell, Individually, and as Next Friend for William Devon Mitchell v. John McBryde and Scott WigginsCourt of Appeals for the Fifth Circuit · 1991
  4. Rudison v. RichardLouisiana Court of Appeal · 1988
  5. Williams v. DiggsLouisiana Court of Appeal · 1991

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3Cited by1 opinion

  1. Martin v. Special Risk Insurance, Inc.Louisiana Court of Appeal · 2002

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