MERCOLA v. STATE FARM MUT. AUTO. INS. CO.

No. 91-CA-0266.

588 So.2d 163 (1991)

Loretta Mercola, Wife of/and Michael J. MERCOLA v. STATE FARM MUTUAL AUTOMOBILE INSURANCE CO.

Court of Appeal of Louisiana, Fourth Circuit.

October 15, 1991.


Attorney(s) appearing for the Case

Mack E. Barham, Robert E. Arceneaux, Charles E. Tate, Barham & Markle, Bernard J. Tortomasi, Jr., Tortomasi & Tortomasi, New Orleans, for plaintiffs/appellants.

David V. Batt, Lane A. Schaffer, Lobman, Carnahan and Batt, Metairie, for defendant/appellee.

Before KLEES, BYRNES and PLOTKIN, JJ.


PLOTKIN, Judge.

The sole issue in this appeal is whether an insured must execute a written document rejecting uninsured/underinsured motorist (UM) coverage when he replaces an automobile on a liability policy. The trial court found that a selection of lower limits executed prior to purchase of the replacement vehicle was valid and granted a motion for summary judgment filed by defendant State Farm Mutual Automobile Insurance Co. For the reasons which follow, we reverse...

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