Legal Opinion · Dissent

Harlow v. State Farm Mutual Automobile Insurance Co.

Louisiana Court of Appeal

Decided April 23, 2014No. 48,676-CWPublished

1DissentWilliams, J.

11 Concluding that UM coverage is excluded for this accident pursuant to the language of the insurance policy in question, I respectfully dissent.

*528An insurance policy is a conventional obligation that constitutes the law between the insured and the insurer and the agreement governs their relationship. LSA-C.C. art. 1983. The extent of coverage is determined from the intent of the parties as reflected by the words of the insurance policy. Peterson v. Schimek, 98-1712 (La.3/2/99), 729 So.2d 1024.

Absent a conflict with statutory provisions or public policy, insurers are entitled to limit their…

2Cases cited4 opinions

  1. Louisiana Ins. Guar. Ass'n v. Interstate Fire & Casualty Co.Supreme Court of Louisiana · 1994
  2. Peterson v. SchimekSupreme Court of Louisiana · 1999
  3. Hasha v. Calcasieu Parish Police JuryLouisiana Court of Appeal · 1989
  4. Lang v. Economy Fire & Cas. Co.Louisiana Court of Appeal · 2001

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