Louisiana Court of Appeal May 17, 1994, No. 93-CA-1741 (Trosclair v. CNA Insurance Co.)

lead-opinion

WARD, Judge.

Steve and Michelle Trosclair, husband and wife, sued Transportation Insurance Company1, their uninsured motorist carrier, alleging they sustained injuries when their vehicle was rear ended by a “phantom” hit and run driver September 9, 1988.

Transportation moved for a summary judgment, claiming their insureds, Mr. and Mrs.