Laurie Olinde V. v. La. Farm Bureau Ins. Co.

In Re: Southern Insurance Company, applying for supervisory writs, 18th Judicial District Court, Parish of Pointe Coupee, No. 45,736 c/w 45,747. BEFORE: GUIDRY, WELCH AND DRAKE, JJ.

WRIT GRANTED. The judgment of the trial court signed October 21, 2015, denying Southern Insurance Company's motion for summary judgment is reversed, and judgment is entered in its favor. Summary judgment is favored in Louisiana. See La. Code Civ. P. Art. 966(A)(2). Southern Insurance Company has carried its burden of proof to demonstrate that no genuine issues of material fact exist as to the uninsured/underinsured bodily injury rejection form included in its policy of insurance wherein Point Coupee Parish School Board, the insured, validly rejected UM/UIM coverage, which is binding to all insureds under the policy, and thus, Southern Insurance Company is entitled to judgment as a matter of law. See La. R.S. 22:1295. See also Reily v. Frey, 99-1166 (La. App. 1st Cir. 6/23/00), 762 So.2d 728.

JEW EGD JMG

COURT OF APPEAL, FIRST CIRCUIT /s/_________

DEPUTY CLERK OF COURT

FOR THE COURT