Ralph Ware v. Gemini Insurance Company

STATE OF LOUISIANA
COURT OF APPEAL, THIRD CIRCUIT

10-3 consolidated with 10-594

RALPH WARE

VERSUS

GEMINI INSURANCE COMPANY, ET AL.

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ON APPLICATION FOR SUPERVISORY WRIT TO THE
TENTH JUDICIAL DISTRICT COURT
PARISH OF NATCHITOCHES, NO. 81810-B
HONORABLE DEE A. HAWTHORNE, DISTRICT JUDGE

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ULYSSES GENE THIBODEAUX
CHIEF JUDGE

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Court composed of Ulysses Gene Thibodeaux, Chief Judge, Sylvia R. Cooks, and
Elizabeth A. Pickett, Judges.

Pickett, J., dissents and would grant the writ for the reasons assigned in her
dissent in the consolidated appeal.

WRIT DENIED.

Joseph Payne Williams
Williams Family Law Firm, LLC
P. O. Box 15
Natchitoches, LA 71458-0015
Telephone: (318) 352-6695
COUNSEL FOR:
Plaintiff/Respondent - Ralph Ware

James Alex Mijalis
Lunn, Irion, Salley, Carlisle & Gardner
P. O. Box 1534
Shreveport, LA 71165-1534
Telephone: (318) 222-0665
COUNSEL FOR:
Defendant/Applicant - Gemini Insurance Company

THIBODEAUX, Chief Judge.

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.

STATE OF LOUISIANA
COURT OF APPEAL, THIRD CIRCUIT

10-594 consolidated with 10-3

RALPH WARE

VERSUS

GEMINI INSURANCE COMPANY

PICKETT, J., dissents and assigns written reasons.

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.