
    Ralph WARE v. GEMINI INSURANCE COMPANY, et al.
    No. 10-3.
    Court of Appeal of Louisiana, Third Circuit.
    Nov. 24, 2010.
    Rehearing Denied Jan. 12, 2011.
    Joseph Payne Williams, Williams Family Law Firm, LLC, Natchitoches, LA, for Plaintiff/Respondent-Ralph Ware.
    James Alex Mijalis, Lunn, Irion, Salley, Carlisle & Gardner, Shreveport, LA, for Defendant/Applicant-Gemini Insurance Company.
    Court composed of ULYSSES GENE THIBODEAUX, Chief Judge, SYLVIA R. COOKS, and ELIZABETH A. PICKETT, Judges.
   THIBODEAUX, Chief Judge.

hFor the reasons discussed in the consolidated case of Ware v. Gemini Insurance Co., 10-594 (La.App. 3 Cir. 11/24/2010), 51 So.3d 179, 2010 WL 4740294, the Gemini Insurance Company’s writ application requesting a summary judgment is denied. Costs are assessed to Gemini Insurance Company.

WRIT DENIED.

PICKETT, J., dissents and would grant the writ for the reasons assigned in her dissent in the consolidated appeal.

PICKETT, J.,

dissents and assigns written reasons.

hi would find that Mr. Ware’s employer executed a valid UM coverage form which selected the lower coverage limit of $50,000.00. I do not find that the evidence submitted rebuts the presumption that the lower coverage limits were knowingly and voluntarily selected. I would reverse the trial court’s grant of summary judgment in favor of Mr. Ware and the denial of the summary judgment motion filed by Gemini. I respectfully dissent.  