Cited by
Opinions in Louisiana that cite Smith v. Girley, 255 So. 2d 748.
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Judith Langlinais Mistich v. Louisiana Farm Bureau Casualty Ins. Co.
La. Ct. App. 3d Cir. 2012
Smith [v. Girley, ]; Hendricks [v. American Employers Ins.
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Mistich v. Weeks
107 So. 3d 1
La. Ct. App. 1st Cir. 2012
Smith [v. Girley, , ]; Hendricks [v. American Employers Ins.
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Aucoin v. Lafayette Ins. Co.
771 So. 2d 95
La. Ct. App. 3d Cir. 2000
( , (1971) and Hendricks v. American Employers Ins.
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Minor v. Casualty Reciprocal Exchange
700 So. 2d 951
La. Ct. App. 1st Cir. 1997
(1971), the Louisiana Supreme Court dealt with this issue and noted, "Ultimately, of course, the issue becomes one of fact...."
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Valentine v. Bonneville Ins. Co.
672 So. 2d 461
La. Ct. App. 2d Cir. 1996
(1971), where the policy defined "occupying" as "in or upon, or entering into or alighting from" the vehicle, the supreme court stated that the "physical relationship between [the claimant] and the car enlarged the area defined by the words `entering or alighting' and the word `in'."
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Byrne v. State Farm Insurance Co.
572 So. 2d 728
La. Ct. App. 1st Cir. 1990
(1971) for the proposition that even though the person injured was not in actual physical contact with the automobile, he may still be within the coverage of the policy.
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White v. Williams
563 So. 2d 1316
La. Ct. App. 3d Cir. 1990
223, (1971) our Courts have looked to the relationship between the plaintiff and the insured vehicle at the time of the accident in addition to actual *1318 physical contact with the vehicle at the moment of the accident.
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Washington v. Allstate Ins. Co.
499 So. 2d 1255
La. Ct. App. 4th Cir. 1986
(1971), a deputy sheriff had stopped to jump start a stalled car.
- Martinez v. Great American Ins. Co. 499 So. 2d 364 La. Ct. App. 4th Cir. 1986
- Westerfield v. LaFleur 493 So. 2d 600 La. 1986
- Hastings v. International Service Ins. Co. 490 So. 2d 656 La. Ct. App. 2d Cir. 1986
- Westerfield v. LaFleur 480 So. 2d 973 La. Ct. App. 1st Cir. 1985
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Bloodworth v. Carroll
455 So. 2d 1197
La. Ct. App. 2d Cir. 1984
(1971); Macalusa v. Hartford Acc.
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Snider v. Kemper Ins. Co.
448 So. 2d 1383
La. Ct. App. 2d Cir. 1984
See annotations at 19 ALR 2d 513 and at 42 ALR 3d 501 , , (1971) and in Day v. Coca-Cola Bottling Co., Inc., (La.App.
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Employers Ins. Co. of Wausau v. Dryden
422 So. 2d 1243
La. Ct. App. 1st Cir. 1982
(1971), if a person is physically in contact with the insured vehicle at the time of injury, he is considered to be "upon" the insured vehicle.
- Day v. Coca-Cola Bottling Co., Inc. 420 So. 2d 518 La. Ct. App. 2d Cir. 1982
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Wheat v. Ford, Bacon and Davis Construction Corp.
414 So. 2d 823
La. Ct. App. 1st Cir. 1982
411 , (1963); (1st Cir. 1970), modified , (1971); (4th Cir. 1969).
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Breard v. Haynes
394 So. 2d 1282
La. Ct. App. 1st Cir. 1981
The case of Smith versus Travelers Insurance, [ ,] 255 So.
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Austrum v. City of Baton Rouge
267 So. 2d 284
La. Ct. App. 1st Cir. 1972
His position is even stronger than those of *290 , (1971) (La.