STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT NADINE DARSAM AND LAWRENCE NO. 2021 CW 1157 DARSAM

VERSUS

REBECCA MAYEAUX AND ALLSTATE JANUARY 26, 2022 PROPERTY AND CASUALTY INSURANCE COMPANY

In Re: Liberty Personal Insurance Company, for applying supervisory writs, 19th Judicial District Court, Parish of East Baton Rouge, No. 658469.

BEFORE: MCCLENDON, WELCH, AND THERIOT, JJ.

WRIT GRANTED. The trial court' s September 14, 2021 judgment denying the motion for partial summary judgment filed by defendant Liberty Personal Insurance Company ( hereinafter Liberty") is reversed. The automobile . insurance policy issued by Liberty to plaintiffs, Nadine and Lawrence Darsam, includes an uninsured/ underinsured (" UMBI") coverage selection form wherein the Darsams selected economic - only UMBI coverage. We find Liberty met its burden of demonstrating the UMBI coverage selection form complies with the mandates of Duncan v. U. S. A. A.

Ins. Co., 2006- 363 ( La. 11/ 29/ 06), 950 So. 2d 544. Specifically, the UMBI coverage selection form contains Lawrence Darsam' s electronic signature and printed name, as required by Duncan.

See Addison v. Affirmative Ins. Co., 2017- 0378 ( La. App. 4th Cir. 11/ 15/ 17), 231 So. 3d 753, 755- 56, writ denied, 2017- 2061 La. 2/ 2/ 18), 235 So. 3d 1109. Thus, we find the UMBI coverage selection form creates a rebuttable presumption under La. R. S.

22: 1295( 1)( a)( ii) that the Darsams selected economic - only UMBI coverage; the Darsams failed to sufficiently rebut this presumption. Accordingly, Liberty' s motion for partial summary judgment is granted; the UMBI coverage selection form is valid,

and the Darsams are limited to economic -only UMBI coverage under the policy issued by Liberty.

PMC JEW MRT

COURT OF APPEAL, FIRST CIRCUIT

4- U ,.,- bEPUTY CLERK OF COURT FOR THE COURT