Brice v. State Farm Mut. Auto. Ins. Co., 228 So. 3d 1218 (La. 2017). · Go Syfert
Brice v. State Farm Mut. Auto. Ins. Co., 228 So. 3d 1218 (La. 2017). Cases Citing This Book View Copy Cite
12 citation events (12 in the last 25 years) across 4 distinct courts.
Strongest positive: State Of Louisiana v. Qwandarious Rowe (lactapp, 2021-12-30)
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discussed Cited as authority (rule) State Of Louisiana v. Qwandarious Rowe (2×) also: Cited "see"
La. Ct. App. · 2021 · confidence medium
Jago, 228 So. 3d at 1219.
Retrieving the full opinion text from the archive…
Curtis BRICE
v.
STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY and Old Republic Insurance Company
No. 2017-C-1285.
Supreme Court of Louisiana.
Nov 17, 2017.
228 So. 3d 1218
Genovese.
Published

ON WRIT OF CERTIORARI TO THE COURT OF APPEAL, SECOND CIRCUIT, PARISH OF CADDO

11Writ denied.

GENOVESE, Justice,

would grant and assigns the following reasons. ¡

|TI agree with the trial court that the uninsured/underinsured (UM) form was invalid. In Gray v. American National Property & Cas. Co., 07-1670, pp. 12-13 (La. 2/26/08), 977 So.2d 839, 848, this Court has ruled that “an insurer ,,. has an affirmative duty to place the insured in a position to make an informed decision, not just to present the required form for the signature of the insured or the insured’s representative.” Exceptions to uninsured/underinsured coverage must be strictly construed as there is a strong public policy in-favor of uninsured motorist coverage. In this case, it is undisputed that the agent (insurance broker), not the .insured, supplied the lower limits of UM coverage and filled in that part of the form. I find that the insurer breached its affirmative duty to place the insured in a position to make an informed decision when the insurance broker assumed the onus of making, and did in fact make, the selection of UM coverage. This is the insured’s determination, not the broker’s pre-fabricated determination.