Opinion
NO. 2016 CW 0066
05-02-2016
ANITA SMITH v. JARED TOUPS, LOUISIANA FARM BUREAU INSURANCE COMPANY AND GEICO GENERAL INSURANCE COMPANY
In Re: GEICO General Insurance Company, applying for supervisory writs, 32nd Judicial District Court, Parish of Terrebonne, No. 172,283. BEFORE: WHIPPLE, C.J., WELCH, HIGGINBOTHAM, CRAIN AND DRAKE, JJ.
WRIT GRANTED. The judgment of the trial court signed December 14, 2015, granting the motion to strike filed by plaintiff, Anita Smith, and denying the motion for summary judgment filed by defendant, Geico General Insurance Company, is reversed.
The uninsured/underinsured motorist (UM) rejection form dated March 9, 2003 complies with Louisiana Revised Statute 22:1295 and the requirements of Duncan v. U.S.A.A. Ins. Co., 2006-363 (La. 11/29/06), 950 So.2d 544. There are no material issues of fact relative to plaintiff's rejection of UM coverage, and GEICO is entitled to judgment as a matter of law. La. C.C.P. art. 966(B)(2). See also, La. C.C.P. art. 966(A)(2).
Accordingly, plaintiff's motion to strike is denied, Geico's motion for summary judgment is granted, and the claims of Anita Smith against GEICO are dismissed with prejudice.
JEW
WJC
EGD
Whipple, C.J., and Higginbotham, J., dissent and would deny the writ. Pretermitting the propriety of the authentication of the business records, genuine issues of material fact remain concerning the Uninsured/Underinsured Motorist Bodily Injury Coverage forms such that summary judgment is not proper. See La. Code Civ. P. Art. 966(B). COURT OF APPEAL, FIRST CIRCUIT /s/_________
DEPUTY CLERK OF COURT
FOR THE COURT