In the case Michael Tillman v. USAgencies Casualty Insurance Co. No. 46,173-CA (La.App. Cir.2 03/02/2011), the plaintiff, Michael Tillman (Tillman), appealed a summary judgment dismissing his claim against the defendant, USAgencies Casualty Insuarance Co. (USAgencies) for uninsured/underinsured motorist bodily injury (UMBI) coverage. His appeal failed.
Tillman, age 21, was injured in an automobile accident on May 27, 2008, when his 1995 Dodge Ram pickup truck was struck from the rear by a vehicle driven by Tommy J. Pritchard. After Pritchard's insurer paid its policy limits, Tillman sought additional recovery from USAgencies. Tillman's mother, Paris Carter (Carter), had a policy from USAgencies providing coverage from Feb. 7, 2008 to Aug. 8, 2008. The Dodge Ram had been added to the policy on May 16, 2008, shortly before Tillman's accident. However, Carter rejected UMBI coverage on Feb. 6, 2008, when she completed an application for the policy.
Based on Carter's rejection of UMBI coverage, USAgencies asserted that no UMBI coverage was available for Tillman and sought summary judgment dismissing his claim. Tillman countered that Carter's rejection of UMBI coverage was not valid to his vehicle. He asserted that the insurance agent should have issued a new policy covering the Dodge Ram instead of merely adding it to his mother's policy.
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