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Laws-info.com » Cases » Louisiana » Louisiana Supreme Court » 2007 » WEIMER, J., would grant the rehearing and assigns reasons.
WEIMER, J., would grant the rehearing and assigns reasons.
State: Louisiana
Court: Supreme Court
Docket No: WEIMER,
Case Date: 01/01/2007
Preview:02/16/2007 "See News Release 14 for any Concurrences and/or Dissents."

SUPREME COURT OF LOUISIANA
No. 06-CC-0363 TAMMY KAY DUNCAN versus U.S.A.A. INSURANCE COMPANY, JAMES S. CAMERON, MALONI R. SARTIN-WHITE, AND WESTERN HERITAGE INSURANCE COMPANY

ON WRIT OF CERTIORARI TO THE COURT OF APPEAL, FIFTH CIRCUIT PARISH OF JEFFERSON

WEIMER, J., would grant the rehearing application. The legislature assigned the task of confecting a form for rejecting UM coverage to the Commissioner of Insurance. LSA-R.S. 22:680. To assist in the implementation of this legislative directive, the Commissioner has also, from time to time, issued bulletins, including LIRC 98-01 which provides instruction on the UM waiver form. See Duncan v. U.S.A.A. Insurance Company, 06-0363 (La.

11/29/2006), ___ So.2d ___ (Weimer, J., dissenting at p. 3 (LIRC 98-01 provides the policy number was for identification purposes, not to ensure validity of the UM rejection.)). The attorneys who argued this case failed to direct the court's attention to a subsequently issued bulletin, LIRC 98-03. Although we did not address this bulletin, the clear language of LIRC 98-03 further corroborates my dissent
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