Nadine Darsam and Lawrence Darsam v. Rebecca Mayeaux and Allstate Property and Casualty Insurance Company

STATE OF LOUISIANA

COURT OF APPEAL, FIRST CIRCUIT

NADINE DARSAM AND LAWRENCE NO. 2021 CW 1157
DARSAM

VERSUS

REBECCA MAYEAUX AND ALLSTATE JANUARY 26, 2022
PROPERTY AND CASUALTY
INSURANCE COMPANY

In Re: Liberty Personal Insurance Company, for
applying
supervisory writs, 19th Judicial District Court,
Parish of East Baton Rouge, No. 658469.

BEFORE: MCCLENDON, WELCH, AND THERIOT, JJ.

WRIT GRANTED. The trial court' s September 14, 2021
judgment denying the motion for partial summary judgment filed
by defendant Liberty Personal Insurance Company ( hereinafter

Liberty") is reversed. The automobile . insurance policy issued
by Liberty to plaintiffs, Nadine and Lawrence Darsam, includes
an uninsured/ underinsured (" UMBI") coverage selection form
wherein the Darsams selected
economic - only UMBI coverage. We
find Liberty met its burden of demonstrating the UMBI coverage

selection form complies with the mandates of Duncan v. U. S. A. A.
Ins. Co., 2006- 363 ( La. 11/ 29/ 06), 950 So. 2d 544. Specifically,
the UMBI coverage selection form contains Lawrence Darsam' s
electronic signature and printed name, as required by Duncan.
See Addison v. Affirmative Ins. Co., 2017- 0378 ( La. App. 4th
Cir. 11/ 15/ 17), 231 So. 3d 753, 755- 56, writ denied, 2017- 2061
La. 2/ 2/ 18), 235 So. 3d 1109. Thus, we find the UMBI coverage

selection form creates a rebuttable presumption under La. R. S.
22: 1295( 1)( a)( ii) that the Darsams selected
economic - only UMBI
coverage; the Darsams failed to sufficiently rebut this
presumption. Accordingly, Liberty' s motion for partial summary
judgment is granted; the UMBI coverage selection form is valid,

and the Darsams are limited to economic -only UMBI coverage under

the policy issued by Liberty.

PMC
JEW
MRT

COURT OF APPEAL, FIRST CIRCUIT

4- U
1 ,.,- bEPUTY CLERK OF COURT
FOR THE COURT