Bentley v. Allstate Insurance Co.

_JiPLOTKIN, Judge,

dissenting.

I respectfully dissent from the majority decision affirming the trial court judgment granting the motion for summary judgment on behalf of plaintiff Alicia Bentley. I believe that this case is controlled by Pinell v. Patterson Services, Inc., 491 So.2d 637 (La.1986), in which the Louisiana Supreme Court decided almost the exact same question presented by this appeal in favor of the insurer and against the insured. Accordingly, I would reverse the judgment granting the motion for summary judgment in favor of Bentley and enter summary judgment in favor of Allstate…