Louisiana Court of Appeal, 2010

Ware v. Gemini Insurance Co.

Ware v. Gemini Insurance Co.
Louisiana Court of Appeal · Decided November 24, 2010 · Cooks, Pickett, Thibodeaux
51 So. 3d 184; 2010 La. App. LEXIS 1608 (Southern Reporter, Third Series)

Ware v. Gemini Insurance Co.

Opinion of the Court

THIBODEAUX, Chief Judge.

hFor the reasons discussed in the consolidated case of Ware v. Gemini Insurance Co., 10-594 (La.App. 3 Cir. 11/24/2010), 51 So.3d 179, 2010 WL 4740294, the Gemini Insurance Company’s writ application requesting a summary *185judgment is denied. Costs are assessed to Gemini Insurance Company.

WRIT DENIED.

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

Dissenting Opinion

PICKETT, J.,

dissents and assigns written reasons.

hi 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.

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