No. 47690 Precedential Processed

Spencer v. Traders & General Insurance

Louisiana Supreme Court · Filed April 15, 1965 · 173 So. 2d 541

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Opinion text

In re: Bessie Spencer and Leon Rhodes applying for certiorari, or writ of review, to the Court of Appeal, Third Circuit, Parish of Calcasieu. 171 So.2d 723, 727 . Writ refused. The judgment complained of is correct. SANDERS, J., is of the opinion that a writ should be granted. He is of the opinion that a genuine issue of fact is presented as to whether the automobile was a temporary substitute automobile as defined in the policy. See Fullilove v. United States Casualty Co., 240 La. 859 , 125 So.2d 389 . The exclusion of automobiles owned by relatives and members of same household does not apply to temporary substitute automobiles. The case should be advanced to trial. •