Guilbeau v. Fontenot

Louisiana Court of Appeal

Guilbeau v. Fontenot

506 So. 2d 566

CourtLouisiana Court of Appeal

DecidedMarch 26, 1987

DocketNo. 87-273

StatusPublished

This text of 506 So. 2d 566 (Guilbeau v. Fontenot) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Guilbeau v. Fontenot, 506 So. 2d 566 (La. Ct. App. 1987).

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WRIT GRANTED AND MADE PEREMPTORY:

The trial court erred in not granting Commercial Union Insurance Company’s motion for summary judgment. The rejection executed by Mr. Do, the president of DOCO Industrial Insulators, Inc., of uninsured/underinsured motorists coverage, is a valid rejection, as it is in writing and clearly expresses the intent to reject uninsured/underinsured motorists coverage. The rejection need not be attached to the policy to be a valid rejection. LSA-R.S. 22:1406, Cooper v. Barnes, 408 So.2d 378 (La.App. 1 Cir.1981), Alexander v. Allstate Ins. Co., 493 So.2d 677 (La.App. 2 Cir.1986), Roger v. Estate of Moulton, 494 So.2d 1226 (La.App. 3 Cir.1986), writ granted, Tapia v. Ham, 480 So.2d 855 (La.App. 2 Cir.1985).

IT IS ORDERED that all claims against Commercial Union Insurance Company, as the uninsured/underinsured motorist insurer of DOCO Industrial Insulators, Inc. be dismissed with prejudice.

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WRIT GRANTED AND MADE PEREMPTORY:

The trial court erred in not granting Commercial Union Insurance Company’s motion for summary judgment. The rejection executed by Mr. Do, the president of DOCO Industrial Insulators, Inc., of uninsured/underinsured motorists coverage, is a valid rejection, as it is in writing and clearly expresses the intent to reject uninsured/underinsured motorists coverage. The rejection need not be attached to the policy to be a valid rejection. LSA-R.S. 22:1406, Cooper v. Barnes, 408 So.2d 378 (La.App. 1 Cir.1981), Alexander v. Allstate Ins. Co., 493 So.2d 677 (La.App. 2 Cir.1986), Roger v. Estate of Moulton, 494 So.2d 1226 (La.App. 3 Cir.1986), writ granted, Tapia v. Ham, 480 So.2d 855 (La.App. 2 Cir.1985).

IT IS ORDERED that all claims against Commercial Union Insurance Company, as the uninsured/underinsured motorist insurer of DOCO Industrial Insulators, Inc. be dismissed with prejudice.

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506 So. 2d 566, Counsel Stack Legal Research, https://law.counselstack.com/opinion/guilbeau-v-fontenot-lactapp-1987.

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