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TALLMAN v. CHAMPION INS. CO.

Nos. 93-CA-1313, 93-CA-1314.

635 So.2d 1328 (1994)

Larry TALLMAN v. CHAMPION INSURANCE COMPANY. Herbert J. MOORE, a/k/a John Moore v. CHAMPION INSURANCE COMPANY, Liga, and National Car Rental Systems, Inc.

Court of Appeal of Louisiana, Fourth Circuit.

April 14, 1994.

Attorney(s) appearing for the Case

Thomas M. Young, Turner, Young, Hebbler & Babin, New Orleans, for defendant-appellee/National Car Rental System, Inc.

Mark Alan Jolissaint, a Professional Law Corp., Slidell, for plaintiff-appellant/Herbert J. Moore.

Before SCHOTT, C.J., and CIACCIO and ARMSTRONG, JJ.

SCHOTT, Chief Judge.

Plaintiff's uninsured motorist (UM) claim against National Car Rental Systems, Inc., was dismissed on National's exception of prescription and plaintiff has appealed. The issue is whether National's failure to obtain an express rejection of UM coverage from plaintiff's host-driver makes the prescription statute inapplicable to the case.

On March 23, 1988, plaintiff was a passenger in an automobile driven by Tallman and rented from National...

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