Nos. 23770-CA, 23771-CA | La. Ct. App. | Aug 19, 1992

MARVIN, Chief Judge.

We affirm a summary judgment in favor of the UM insurer of Anita Edwards that effectively declares that she was not covered under her UM policy for personal injuries she sustained when she, a guest passenger in a Chevrolet owned by another, was shot by a shotgun negligently or intentionally fired by a guest passenger in another vehicle that was racing the Chevrolet.

There is no genuine issue of any material fact. Kessler v. Amica Mutual Ins. Co., 573 So.2d 476 (La.1991); Slade v. Altex Ready-Mix Concrete Corp., 579 So. 2d 1102" date_filed="1991-05-08" court="La. Ct. App." case_name="Slade v. Altex Ready-Mix Concrete Corp.">579 So.2d 1102 (La.App.2d Cir.1991). Foster v. Lafayette Ins. Co., 504 So. 2d 82" date_filed="1987-02-25" court="La. Ct. App." case_name="Foster v. Lafayette Ins. Co.">504 So.2d 82 (La.App.2d Cir.1987), writ denied, is distinguishable and does not control. Costs are assessed to appellant.

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