WILLIAM WEEMS, ET AL.
HOUSTON SPECIALTY INS. CO., ET AL.
FROM THE TENTH JUDICIAL DISTRICT COURT PARISH OF
NATCHITOCHES, NO. C-85164, DIV. A HONORABLE DESIREE DYESS,
Payne Williams, Williams Family Law Firm, LLC COUNSEL FOR
PLAINTIFF/APPELLANT: William Weems and Tina Weems Indiv.
& on b/h of Hailey Brooke Weems and Dylan Chase Weems
James Armand, Jr. Pettiette, Armand, Dunkelman COUNSEL FOR
DEFENDANT/APPELLEE: Houston Specialty Ins. Co.
Allen Homza, Cook, Yancey, King & Galloway COUNSEL FOR
THIRD PARTY/APPELLEE:, Moreman, Moore & Company Jeff
composed of Shannon J. Gremillion, John E. Conery, and David
E. Chatelain [*] , Judges.
E. CONERY, JUDGE
A. Weems and Tina Weems, individually and on behalf of their
minor children Hailey Brooke Weems and Dylan Chase Weems
(Weems plaintiffs), appeal the June 23, 2016 judgment of the
trial court denying their motion for partial summary judgment
and granting summary judgment in favor of defendant, Houston
Specialty Insurance Company (Houston Specialty) and partial
summary judgment in favor of third party defendants, Jeff
Dickerson and Moreman, Moore & Company, Inc. (Moreman
Moore). For the following reasons, we affirm.
AND PROCEDURAL HISTORY
August 31, 2011, Mr. Weems, an employee of
Cane River Construction LLC (Cane River), was driving Cane
River's 1995 Chevorolet Model 3500 vehicle on
Interstate-49, while in the course and scope of his
employment, when he was struck from behind by a 2005
Chevorlet Suburban and severely injured.
Specialty provided automobile liability insurance to Cane
River. Under the terms of the policy, which covered the
period from March 26, 2011 to March 26, 2012, the automobile
bodily injury liability limit was one million dollars. Due to
the severity of his injuries, Mr. Weems sought
uninsured/underinsured motorist (UM) coverage under Cane
River's policy issued by Houston Specialty. Houston
Specialty denied that its policy provided UM coverage to Cane
River, and in the alternative, filed a third party demand
against Moreman Moore, its insurance agent, and Mr.
Dickerson, the agent at Moreman Moore responsible for
obtaining the documents necessary to complete Houston
Specialty's in house file.
facts pertaining to the execution of the UM waiver are
undisputed. Mr. Tim Moran was the owner and principal of Cane
River in 2011, and was authorized to either accept or reject
UM coverage on behalf of Cane River when he obtained the
automobile bodily injury liability insurance policy at issue.
Mr. Moran negotiated with Moreman Moore's agent, Mr.
Dickerson, in order for Cane River to secure insurance
August 28, 2008, the Commissioner of Insurance,
(Commissioner) had promulgated LDOI Bulletin No. 08-02, which
included a revised UM waiver form that became mandatory on or
after January 1, 2010. On the date at issue in this case,
insurance companies were required to use the revised UM
waiver form included in LDOI Bulletin No. 08-02 in securing a
determination by a client of whether to accept or reject UM
insurance coverage, or accept UM coverage at lower limits.
March 23, 2011, Mr. Dickerson delivered an application form,
and in accordance with LDOI Bulletin No. 08-02, the mandated
Motorist Bodily Injury Coverage Form (UM waiver form) to Mr.
Moran on behalf of Cane River. Mr. Moran properly completed,
signed and dated the UM waiver form rejecting the UM coverage
available under the automobile bodily injury liability
insurance policy of one million dollars the next day on March
24, 2011. He faxed the documents, including the UM waiver
form mandated by the Commissioner, to Moreman Moore, who in
turn emailed the signed forms to RISCOM, Houston
Specialty's Managing General Agent. On March 25, 2011,
RISCOM, on behalf of Houston Specialty bound the policy, and
sent an email to Moreman Moore giving notice that the policy
was bound and effective immediatly. An automobile bodily
injury liability insurance policy ...