Kerrigan & Courtenay Obtain Dismissal of Coverage Issue

New Orleans, La. – Robert E. Kerrigan Jr. and James E. Courtenay defended Zurich American Insurance Company in a personal injury action following an automobile accident. The plaintiff was rear-ended in her company vehicle and alleged several disc injuries to her neck and back. The offending driver had insufficient liability coverage, and the plaintiff filed suit against Zurich as the uninsured/underinsured (UM/UIM) motorist carrier for the plaintiff and her employer. The defendant filed a Motion for Summary Judgment, claiming the company waived UM/UIM coverage. The plaintiff argued the UM rejection form was not valid because it was pre-marked "N/A" in every space except the section that rejected UM coverage. Judge Wilson Fields granted summary judgment in favor of the defendant, and the plaintiff appealed. Mr. Courtenay authored the appeal, and presented oral argument before the First Circuit, which affirmed the dismissal.

Dana Lee v. Zurich American Insurance Company, No. 571139, 19th JDC, East Baton Rouge Parish, Louisiana. Dana Lee v. Zurich American Insurance Company, 2011-0875 (La. App. 1 Cir. 12/21/11).