Opinion
Nos. 10-3 consolidated with 10-594.
November 24, 2010.
ON APPLICATION FOR SUPERVISORY WRIT TO THE TENTH JUDICIAL DISTRICT COURT, PARISH OF NATCHITOCHES, NO. 81810-B, HONORABLE DEE A. HAWTHORNE, DISTRICT JUDGE.
Joseph Payne Williams, Williams Family Law Firm, LLC, Natchitoches, LA, COUNSEL FOR: Plaintiff/Respondent-Ralph Ware.
James Alex Mijalis, Lunn, Irion, Salley, Carlisle Gardner, Shreveport, LA, COUNSEL FOR: Defendant/Applicant-Gemini Insurance Company.
Court composed of ULYSSES GENE THIBODEAUX, Chief Judge, SYLVIA R. COOKS, and ELIZABETH A. PICKETT, Judges.
For the reasons discussed in the consolidated case of Ware v. Gemini Insurance Co., 10-594 (La.App. 3 Cir. ___/___/___), ___ So.3d ___, the Gemini Insurance Company's writ application requesting a summary judgment is denied. Costs are assessed to Gemini Insurance Company.
WRIT DENIED.
I 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.