Schweinefus v. State Farm Mutual Automobile Insurance Co.

Supreme Court of Louisiana
Schweinefus v. State Farm Mutual Automobile Insurance Co., 657 So. 2d 1001 (La. 1995)
1995 WL 382313
Dennis, Deny, Victory, Writ

Schweinefus v. State Farm Mutual Automobile Insurance Co.

Opinion of the Court

In re Schweinefus, Kevin; — Plaintiffs); applying for writ of certiorari and/or review; Parish of Ouachita, 4th Judicial District Court, Div. “H”, No. 88-3986; to the Court of Appeal, Second Circuit, No. 26548-CA.

Granted. Judgments of the courts below are vacated and set aside. Summary judgment is denied. There is a genuine issue of material fact because Endorsement GU249 indicates another policy, # K01-791-001316-04, exists. Since the u/m rejection form does not refer specifically to a particular policy, there is a genuine issue as to which policy the u/m rejection applies. Case remanded to the district court for further proceedings.

VICTORY, J., would deny the writ. DENNIS, J., not on panel.

Reference

Full Case Name
Kevin SCHWEINEFUS v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Thomas D. Godfrey and Liberty Mutual Insurance Company
Status
Published