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SUPREME COURT OF LOUISIANA NO. 96-C-1662 MERRIL J. DAIGLE V. MICHAEL J. AUTHEMENT, NATIONAL AUTOMOTIVE INSURANCE COMPANY AND LOUISIANA INDEMNITY INSURANCE COMPANY

ON WRIT OF CERTIORARI TO THE COURT OF APPEAL, FIRST CIRCUIT, PARISH OF TERREBONNE, STATE OF LOUISIANA MARCUS, Justice* Merril Daigle was injured in an intersectional collision when her vehicle was struck by a vehicle being operated by Michael Authement. Daigle sued Authement and his liability insurance She also sued her

carrier, National Automotive Insurance Company.

own automobile liability insurer, Louisiana Indemnity Insurance Company, asserting uninsured/underinsured motorist coverage. Louisiana Indemnity answered denying coverage. It claimed

that Daigle had executed a valid written rejection of uninsured motorist coverage as permitted by La. R.S. 22:1406.1 Plaintiff

filed a motion for summary judgment seeking a ruling that the rejection form used by Louisiana Indemnity was invalid and that coverage was therefore available to her in an amount equal to the bodily injury coverage afforded by her liability policy. judge granted Daigle's motion for summary judgment. The trial

After a trial

on the merits, judgment was rendered in favor of Daigle and against Louisiana Indemnity in the amount of $10,000 (policy limits),

*

Victory, J. not on panel. Rule IV, Part 2,

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Louisiana Law