Melanie McGrath v. Donald L. Davis, ET AL.

Melanie McGrath v. Donald L. Davis, ET AL.
(December 2006)

Michael R. Sistrunk and Kyle P. Kirsch won a victory in favor of Amica Mutual Insurance Company in Civil District Court for the Parish of Orleans. Plaintiff sued Amica arguing that she had $300,000.00 in Uninsured Motorist Coverage because the UM rejection form had the words Not Available typed next to the economic only provisions of the UM rejection form; thus, precluding her from making a meaningful selection. Amica argued the rejection form was valid because: (1) the UM rejection at issue was on the form prescribed by the Louisiana Insurance Commissioner; (2) the UM statute specifically indicates that economic only coverage is a type of coverage that an insurer may offer, in contrast to other provisions in the statute in which the word shall indicates that a provision is mandatory rather than permissive; (3) the UM statute does not require that the form prescribed by the Louisiana Insurance Commissioner afford an insured the option of selecting economic only coverage; rather, the statute simply requires that, when an insured makes a selection concerning UM coverage, that selection must be made on the prescribed form; and (4) to the extent an insured need be made aware that economic only coverage is available from other insurers the prescribed form so advises the insured. The district court granted Amica’s summary judgment motion finding that the UM rejection validly rejected UM coverage.