Duncan v. Usaa Ins. Co.

Summary

The Louisiana Supreme Court held that the UM statute, La. R.S. 22:680, requires the blank for the policy number on the insurance commissioner's prescribed rejection form to be filled in for a waiver of UM coverage to be valid; because Robert Rembert's August 16, 2002 rejection form left the policy number blank, the waiver failed and UM coverage equal to the policy's $100,000 liability limits remained in force. Rejecting the insurer's fallback argument that an incomplete form merely forfeits the rebuttable presumption of knowing rejection, the court reasoned that the legislature delegated form design to the commissioner and that compliance with the prescribed form—not the insured's undisputed intent—controls validity. The court affirmed the court of appeal's grant of plaintiff's summary judgment and denial of the insurer's. Justice Victory dissented, arguing the form was properly completed under the statute and summary judgment should be rendered for the insurer; Justice Weimer dissented, contending the statutorily ordained consequence of an improperly completed form is loss of the rebuttable presumption, which would require trial on whether the insured knowingly rejected coverage.