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SHEAR v. CHAMPAGNE

No. 2008 CA 2556.

22 So.3d 942 (2009)

Walter SHEAR and Priscilla Shear v. David L. CHAMPAGNE; State Farm Insurance Company; Wayne N. Bruce; Offshore Marine Contractors, Inc.; American Contractors Insurance Company and State Farm Mutual Automobile Insurance Company.

Court of Appeal of Louisiana, First Circuit.

August 7, 2009.

Attorney(s) appearing for the Case

Lisa C. McCowen, Lafayette, Louisiana, and Erik M. Tadda, Baton Rouge, Louisiana, for Plaintiffs/Appellees, Walter Shear and Priscilla Shear.

Aaron J. Chaisson, Jr., Baton Rouge, Louisiana, for Plaintiffs/Appellees, State Farm Mutual Automobile Insurance Company as Uninsured/Underinsured Motorist Carrier of Priscilla and Walter Shear.

Charles C. Garrison, New Iberia, Louisiana, for Defendants/Appellants, American Contractors Insurance Company Risk Retention Group.

Matthew W. Pryor, Gonzales, Louisiana, for Defendants/Appellees, David Champagne and State Farm Mutual Automobile Insurance Company.

Brent P. Frederick, Baton Rouge, Louisiana, for Defendants/Appellees, Wayne N. Bruce; Offshore Marine Contractors; and Intervenor-Appellee Clarendon America Insurance Company.

Julie S. Kammer, Metairie, Louisiana, for Defendants/Appellee, Travelers Property Casualty Insurance Company.

Before PETTIGREW, McDONALD, HUGHES, JJ.

McDONALD, J.

The appeal before us is from a grant of summary judgment in favor of plaintiffs, Walter and Priscilla Shear. There are no facts in dispute that are material to this appeal. The issue before us is one of law, simply stated as, whether an uninsured/underinsured motorist rejection form is valid.

FACTS

The suit arises out of an automobile accident that occurred on September 14, 2007, when a vehicle driven by Walter Shear was struck by a...

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