Ralph Ware v. Gemini Insurance Company

STATE OF LOUISIANA COURT OF APPEAL, THIRD CIRCUIT 10-3 consolidated with 10-594

RALPH WARE VERSUS GEMINI INSURANCE COMPANY, ET AL.

********** ON APPLICATION FOR SUPERVISORY WRIT TO THE TENTH JUDICIAL DISTRICT COURT PARISH OF NATCHITOCHES, NO. 81810-B HONORABLE DEE A. HAWTHORNE, DISTRICT JUDGE ********** ULYSSES GENE THIBODEAUX CHIEF JUDGE ********** Court composed of Ulysses Gene Thibodeaux, Chief Judge, Sylvia R. Cooks, and Elizabeth A. Pickett, Judges.

Pickett, J., dissents and would grant the writ for the reasons assigned in her dissent in the consolidated appeal.

WRIT DENIED.

Joseph Payne Williams Williams Family Law Firm, LLC P. O. Box 15 Natchitoches, LA 71458-0015 Telephone: (318) 352-6695 COUNSEL FOR: Plaintiff/Respondent - Ralph Ware James Alex Mijalis Lunn, Irion, Salley, Carlisle & Gardner P. O. Box 1534 Shreveport, LA 71165-1534 Telephone: (318) 222-0665 COUNSEL FOR: Defendant/Applicant - Gemini Insurance Company THIBODEAUX, Chief Judge.

For the reasons discussed in the consolidated case of Ware v. Gemini Insurance Co., 10-594 (La.App. 3 Cir. __/__/__), __So.3d__, the Gemini Insurance Company’s writ application requesting a summary judgment is denied. Costs are assessed to Gemini Insurance Company.

WRIT DENIED.

STATE OF LOUISIANA COURT OF APPEAL, THIRD CIRCUIT 10-594 consolidated with 10-3

RALPH WARE VERSUS GEMINI INSURANCE COMPANY

PICKETT, J., dissents and assigns written reasons.

I would find that Mr. Ware’s employer executed a valid UM coverage form which selected the lower coverage limit of $50,000.00. I do not find that the evidence submitted rebuts the presumption that the lower coverage limits were knowingly and voluntarily selected. I would reverse the trial court’s grant of summary judgment in favor of Mr. Ware and the denial of the summary judgment motion filed by Gemini.

I respectfully dissent.