Opinion
No. 87-273.
March 26, 1987. Rehearing Denied April 16, 1987. Writs Granted June 8, 1987.
APPEAL FROM FIFTEENTH JUDICIAL DISTRICT COURT, PARISH OF VERMILION, STATE OF LOUISIANA, HONORABLE SUE FONTENOT, J.
Onebane Assoc. (Graham N. Smith, Lafayette, for defendant-relator.
Joseph R. Joy, III, Philip C. Kobetz, Hal J. Broussard, Christopher R. Philipp, James P. Lambert, Lafayette, Dorothy Kyle, Baton Rouge, for respondent.
Before GUIDRY, STOKER and DOUCET, JJ.
WRIT GRANTED AND MADE PEREMPTORY:
The trial court erred in not granting Commercial Union Insurance Company's motion for summary judgment. The rejection executed by Mr. Do, the president of DOCO Industrial Insulators, Inc., of uninsured/underinsured motorists coverage, is a valid rejection, as it is in writing and clearly expresses the intent to reject uninsured/underinsured motorists coverage. The rejection need not be attached to the policy to be a valid rejection. LSA-R.S. 22:1406, Cooper v. Barnes, 408 So.2d 378 (La.App. 1 Cir. 1981), Alexander v. Allstate Inc. Co., 493 So.2d 677 (La.App. 2 Cir. 1986), Roger v. Estate of Moulton, 494 So.2d 1226 (La.App. 3 Cir. 1986), writ granted, Tapia v. Ham, 480 So.2d 855 (La.App. 2 Cir. 1985).
IT IS ORDERED that all claims against Commercial Union Insurance Company, as the uninsured/underinsured motorist insurer of DOCO Industrial Insulators, Inc. be dismissed with prejudice.