TATE v. UNITRIN AUTO AND HOME INS. CO.

No. 08-1104.

5 So.3d 1014 (2009)

Samuel TATE v. UNITRIN AUTO AND HOME INSURANCE COMPANY.

Court of Appeal of Louisiana, Third Circuit.

March 4, 2009.


Attorney(s) appearing for the Case

R. Scott Iles, Lafayette, LA, for Plaintiff/Appellant, Samuel Tate.

Michael P. Corry, Gary J. Delahoussaye, Brandon O. Wallace, Briney & Foret, Lafayette, LA, for Defendant/Appellee, Financial Indemnity Company.

Court composed of MARC T. AMY, BILLY HOWARD EZELL and JAMES T. GENOVESE, Judges.


AMY, Judge.

The plaintiff sought damages from the defendant insurer, under UM coverage, for injuries related to an automobile accident. The insurer denied the claim, asserting that the plaintiff had waived UM coverage. The plaintiff contended that the waiver was ineffective as it was not completed on a current UM rejection form. The parties filed cross motions for summary judgment. The trial court granted summary judgment in favor of the insurer, finding that the...

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