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DUNCAN v. U.S.A.A. INS. CO.

No. 2006-CC-363.

950 So.2d 544 (2006)

Tammy Kay DUNCAN v. U.S.A.A. INSURANCE COMPANY, James S. Cameron and Maloni R. Sartin-White, Western Heritage Insurance Company.

Supreme Court of Louisiana.

Rehearing Denied February 16, 2007.

Opinion Dissenting from Denial of Rehearing February 16, 2007.

Attorney(s) appearing for the Case

Ungarino & Edkert, Matthew J. Ungarino, David I. Bordelon, Metairie, for Applicant.

Frischhertz & Associates, Lloyd N. Frischhertz, Jr., William J. Levenson, Marc L. Frischhertz, New Orleans, McCranie, Sistrunk, Anzelmo, Hardy, Maxwell & McDaniel, Michael R. Sistrunk, Metairie, for Respondent.

Stevan C. Dittman, New Orleans, Attorney for Louisiana Trail Lawyers Association Amicus Curiae.

KIMBALL, J.

The issue presented in this case is whether UM coverage was validly waived when the line for policy number was left blank on the form prescribed by the commissioner of insurance. For the reasons that follow, we find the UM statute requires that the blank for the policy number contained on the insurance commissioner's form be filled in to effectuate a valid waiver of UM coverage and, therefore, UM coverage was not effectively waived in this instance. Accordingly...

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