Toney v. Lincoln General Ins. Co., 2009-0702 (La. 5/22/09)

In re Lincoln General Ins. Co. et al.; — : Defendant; Applying For Supervisory and/or Remedial Writs, Parish of E. Baton Rouge, 19th Judicial District Court Div. F, No. 564,936; to the Court of Appeal, First Circuit, No. 2008 CW 2335.

Granted. The judgment of court of appeal is reversed and the judgment of the trial court granting partial summary judgment in favor of Lincoln General, Ins. Co. is hereby reinstated.

KIMBALL, C.J., would deny. WEIMER, J., would deny.