Dauterive v. Benit

JiPICKETT, Judge.

The defendant Allstate Insurance Company, appeals a judgment of the trial court dismissing the suit filed by the plaintiffs, Yolanda and Quinn Dauterive, and all cross claims with prejudice. For the reasons set out below, we affirm in part, reverse in part and remand.

FACTS

On September 26, 1994, Yolanda H. Dau-terive and Emmet J. Benit were involved in an automobile accident in New Iberia, Louisiana. Following the accident, Mrs. Dauterive and her husband, Quinn Dauterive, filed an original petition for damages against Mr. Benit, D.L. Peterson Trust d/b/a PHH Corporation and/or…