Terrell v. Fontenot
96 So. 3d 658
La. Ct. App.2012Background
- Terrell appeals a judgment granting ACE's summary judgment to dismiss UM coverage claims arising from a March 5, 2010, head-on collision involving a PTI van leased from ULI.
- Guard, on PTI's behalf, signed a UM rejection form stating no UM coverage, based on verbal authority from PTI/ULI's president, yet Guard had no written authority.
- The trial court granted ACE's summary judgment, relying on Duncan, Harper, and Banquer to conclude the UM rejection was valid.
- Terrell argues Guard lacked authority to act as PTI's legal representative, so the UM rejection was invalid and UM coverage should be read into the policy.
- The majority holds Guard's verbal authority suffices and that the Duncan six-task framework was satisfied, affirming dismissal of Terrell's UM claim.
- Dissent argues Guard lacked written authority; failure to satisfy six Duncan tasks invalidates the UM rejection.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Guard lacked written authority to reject UM coverage on PTI's behalf | Terrell asserts Guard had no written mandate to sign. | ACE contends Guard's actions complied with Duncan and written form requirements were satisfied by form and signatures. | Affirmed; UM rejection valid per Duncan framework and Guard's authority. |
Key Cases Cited
- Duncan v. U.S.A.A. Ins. Co., 950 So.2d 544 (La. 2006) (established six-task method for valid UM waiver)
- Harper v. Direct Gen. Ins. Co., 2 So.3d 418 (La. 2009) (discussed tasks 3–4 for UM form validity)
- Banquer v. Guidroz, 8 So.3d 559 (La. 2009) (addressed form completion by legal representative)
- Holloway v. Shelter Mut. Ins. Co., 861 So.2d 763 (La. App. 3 Cir. 2003) (distinguished when reviewing representation authority)
- World Trade Center Taxing District v. All Taxpayers, Property Owners, and Citizens of World Trade Center Taxing District and Nonresidents Owning Property or Subject to Taxation Therein, 908 So.2d 623 (La. 2005) (cited in context of public policy and statutory interpretation)
- Kurz v. Milano, 6 So.3d 916 (La. App. 4 Cir. 2009) (UM coverage interpretation; reading into policy)