Batiste v. Antonio

In Batiste v. Antonio, 97-1090 (La.App. 4 Cir. 1/21/98); 706 So. 2d 615, the court granted a motion for directed verdict in favor of an insurance company on the ground that the plaintiff had not met its burden of proving either implied or express consent to trigger coverage. The plaintiff appealed, arguing that it misunderstood the stipulations entered into by the parties as having been to resolve all issues of coverage. The stipulation merely provided that the insurance company had issued a $ 1,000,000.00 policy to a certain company. The Court affirmed the trial court's decision. The court appeared impressed by the fact that the plaintiff had failed to subpoena either the vehicle's owner or driver, and the record did not reflect that the plaintiff attempted service upon either of them.