
    NATIONAL INTERSTATE INSURANCE COMPANY v. Donna PLAIN, Mycatosh Graham, Barbara Godchaux, Carolyn Johnson, Ashley Johnson, Kathleen Cage, Attlah Darensbourg, Janice Carter, Johnny Carter, Reginald Hamilton, Linda Omeumu, Shawn Dupree, Gwen Dupree, Kathleen Gabe, Wanda Jackson, Tinnen Oulightfrotx.
    No. 2008-CA-0698.
    Court of Appeal of Louisiana, First Circuit.
    May 4, 2009.
    Douglas K. Williams, Lervette J. Blair, Scott N. Hersgens, Baton Rouge, LA, for Plaintifi/Appellee National Interstate Insurance Company.
    Kirk A. Williams, Baker, LA, and Vincent J. DeSalvo, Baton Rouge, LA, for Defendants/Appellants Donna Plain, Individually and as Natural Tutrix of the Minor Children, D’Andre Turner, Antonio Turner, Justin Turner and Erica Turner; Mycatosh Graham, Individually and as Natural Tutrix of the Minor Child, Christopher Carter; Barbara Godchaux, Individually and as Natural Tutrix of the Minor Children, Christian Godchaux and Michael Taylor; Carolyn Johnson, Individually and as Natural Tutrix of the Minor Children, Antonio Johnson and Kyla Johnson; Ashley Johnson; Kathleen Cage; Attlah Darensbourg; Janice Carter, Individually and as Natural Tutrix of her Minor Grandchildren, Jason Carter, Asher Smith, and Samantha Parker; Johnny Carter; Reginald Hamilton; Linda Omuemu, Individually and as Natural Tutrix of the Minor Child, Raven Omuemu; Shawn DuPree, Individually and as Natural Tutor of the Minor Children, Jessika DuPree, Shasnzee DuPree, and Shawn DuPree; Gwen DuPree; Kathleen Gabe; Wanda Jackson; Tinnen Uolightfrotxos; Loyette Collins; Individually and as Natural Tutrix of the Minor Children, Lahairoi Collins, Leal Collins, David Collins, and Leah Collins; D. Coleman, Individually and as Natural Tutor/Tutrix of the Minor Child, Qshailya George; Samuel Edo, Individually and as Natural Tutor of the Minor Children, Stacy Edo, Shanice Edo, Shondell Edo, and Shamuel Edo; Inez Davis, Individually and as Natural Tutrix of the Minor Child, Tatiana Jackson; and Earlene Johnson, Individually and on Behalf of her Minor Child, Amber Johnson.
    Before WHIPPLE, GUIDRY, PETTIGREW, MCDONALD and HUGHES, JJ.
   ON REHEARING

PER CURIAM.

|sAppeIlee, National Interstate Insurance Company (“National Interstate”), has petitioned this court for a rehearing of our February 13, 2009 decision, reversing the trial court’s judgment granting National Interstate’s Motion to Dismiss and denying appellants’ motion for summary judgment concerning the validity of an uninsured/underinsured (“UM”) selection form. National Interstate alleges that our original opinion is inconsistent with the Louisiana Supreme Court decision in Harper v. Direct General Insurance Company, et al, 2008-2874 (La.2/13/09), 2 So.3d 418, handed down the same date as our original opinion. We grant rehearing for the limited purpose of clarifying our original opinion and for reassessment in light of Harper.

In our original opinion, we found the UM selection form invalid because the signatory’s capacity was uncertain on the face of the form. We clarify our original opinion to expressly note that the form is uncertain not only because Mr. Augusta did not indicate that he was signing in a representative capacity for Dixieland Tours and Cruises (“Dixieland”), but also because the name of the insured company, Dixieland, is nowhere noted on the form.

With that clarification, we re-examine our holding in light of Harper and find that Harper does not change the result that we originally reached. Notably, in Harper, the named insured, Sears, was typed on the form, and the form was signed by Laurence Jenchel, Sears’ legal representative. The supreme court in Harper held that as long as the name of the named insured is printed and the legal representative signs the form, both tasks #3 and # 4 as outlined in Duncan v. U.S.A.A. Ins. Co., 2006-363 (La.11/29/06), 950 So.2d 544, are satisfied. Under the facts of Hamper, the supreme court concluded that Sears’ legal representative could sign his name without indicating that he was signing in a representative capacity because it would be absurd to conclude that a corporate entity, Sears as the named insured, could sign its own name. Harper, 2 So.3d at 419-420.

By contrast, in the instant case, the name “Dixieland” is not printed on the UM waiver form. As such, a mere review of this form does not reveal whether Norman | ^Augusta on behalf of a corporation or Norman Augusta, the individual, selected lower limits. Therefore, the form is not clear and unmistakable.

As clarified herein, and after re-examination of our opinion in light of Harper, the original opinion of this court is affirmed.

REHEARING GRANTED FOR THE LIMITED PURPOSE OF CLARIFICATION; APPELLATE JUDGMENT OF FEBRUARY 13, 2009 MAINTAINED.

McDONALD, J., dissents and would grant a rehearing on the merits.  