Tag: Uninsured/Underinsured Motorist

• Insurance & Casualty Litigation

  UM Rejection Forms – Requirements & Duration

  • March 15, 2017
  • By Brent Carriere

  Since UM coverage is presumed, nothing must be done if an insured wishes to have UM coverage matching liability limits. But, if the insured wishes to reject UM coverage, or select lower UM coverage, strict requirements must be met. If not, the presumption that UM coverage is provided remains.   According to the UM statute, the rejection […]

• Insurance & Casualty Litigation

  Adjusting Uninsured/Underinsured Motorists Claims – Burden / Duties / Penalties

  • January 23, 2017
  • By Brent Carriere

  UM Plaintiff’s Burden of Proof When making a UM claim, the claimant has the initial burden of proof. To satisfy this burden, he must produce “sufficient facts” to the UM insurer that:   The adverse driver in the accident was uninsured or underinsured; The un/underinsured driver was at fault; Such fault gave rise to damages; […]

• Insurance & Casualty Litigation

  Invalid UM Selection Form May Supersede Previous Forms

  • May 11, 2016
  • By Allen & Gooch

  A recently decided First Circuit Case has held that an insurer may not “pick and choose” which UM Selection Form to enforce. In the particular case, the insurer first argued that a 2009 UM Selection Form precluded recovery under a UM Policy. It was ultimately determined that issues of fact remained as to whether UM […]

• Insurance & Casualty Litigation

  UM Rejection Forms – Little Traction Given to Consent Challenges by Insureds not Fluent in English

  • April 27, 2016
  • By Brent Carriere

  Recently, in Ponce v. Welch, 15-669 (La. App. 5 Cir. 3/16/16) 2016 WL 107-8579, Louisiana’s Fifth Circuit Court of Appeal upheld summary judgment in favor of an insurance company by denying a UM rejection form challenge of an insured claiming she did not understand the UM rejection agreement because she was not fluent in English.  […]

• Insurance & Casualty Litigation

  6 Things to Know About UM Coverage in Louisiana

  • October 31, 2013
  • By Brent Carriere
  

  Punitive damages Excluding punitive damages from UM coverage does not conflict with the purpose of the UM statute and should be given full effect.  Fortier v. Hamblin, 610 So.2d 897 (La. App. 1st Cir. 1992). Judicial interest Once a lawsuit is filed, the claim necessarily increases to take into account accrued interest.  Therefore, the amount […]

• Insurance & Casualty Litigation

  Five Considerations When Validating UM Rejection Form

  • September 18, 2013
  • By Brent Carriere

  Whether dealing with whose signature is needed or the result of changing a policy number, here are five considerations for validating a UM rejection form.

• Insurance & Casualty Litigation

  Six Requirements for a Valid UM Rejection Form

  • September 11, 2013
  • By Brent Carriere

  Although here is s prohibition against altering or modifying UM rejection forms, identical forms can be valid and enforceable waivers of UM coverage.