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United States Fifth Circuit


HOTARD v. STATE FARM FIRE AND CAS. CO., 01-30683

Uninsured/Underinsured Motorist (UM) coverage waivers in defendant's insurance policy held valid under Louisiana law, where policy provided two options following the heading "Uninsured Motorists coverage at limits other than the Bodily Injury Liability limits of my Excess or Umbrella policy," and a reasonable person would understand that marking neither the box for option 1 nor for option 2 constituted an election to receive full or maximum UM coverage.

Appellate Information

  • Decided 04/04/2002
  • Published 04/04/2002

Judges

  • WIENER, Circuit Judge:, Before JONES, WIENER, and PARKER, Circuit Judges.

Court

  • United States Fifth Circuit

Counsel

  • For Appellant:
  • Burt K. Carnahan (argued), Christopher Michael McNabb, Lobman, Carnahan, Batt, Angelle & Nader, New Orleans, LA, for Plaintiff-Appellant.

  • For Appellees:
  • Michael F. Grennan (argued), Waller & Associates, Metairie, La, for Defendant-Appellee.
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