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The Signed-but-Blank UM Form

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The Signed-but-Blank UM Form

Denise Boudreaux, a single named insured in Lafayette, carries a personal auto policy with liability limits of $100,000/$300,000/$50,000. In March 2023 her agent handed her the company's uninsured/underinsured motorist selection form. Denise signed and dated it, but the line where the applicant selects a UM limit was left blank, the box for rejecting UM entirely was unchecked, and no limit was ever discussed. The declarations page nevertheless shows UM at $25,000/$50,000. In June 2024 an uninsured driver ran a red light and struck her. Her medical bills are $85,000, her documented lost wages are $12,000, and her car, which carries a $500 collision deductible, needs $9,000 in repairs. The other driver has no liability policy and no assets.

1. The adjuster says the declarations page controls and offers $25,000. Evaluate whether the $25,000/$50,000 UM limit is enforceable.

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Issue: Does an entry on the declarations page, unsupported by any completed selection form, establish a reduced UM limit?

Reasoning:

  1. Louisiana treats UM coverage as mandatory at an amount equal to the liability limits unless the named insured makes a written, signed, affirmative selection of lower limits or an outright rejection.
  2. The controlling evidence is the selection/rejection document, not the declarations entry. A declarations page is the insurer's own issuance; it does not prove that the insured knowingly chose a lower limit.
  3. Here the form was signed and dated, but the limit line was blank and the rejection box was unchecked. A blank form evidences no meeting of the minds on a specific lower limit. Courts facing blank or incomplete UM forms generally find no valid reduction, and the coverage defaults to the policy's liability limits.
  4. An insurer arguing otherwise (or seeking reformation) must prove a mutual mistake or a valid written selection. A signature on an incomplete form is weak proof of either.

Conclusion: The $25,000/$50,000 entry should not be enforced on these facts. UM defaults to $100,000 per person / $300,000 per accident. The adjuster's $25,000 offer should be resisted; the file should be documented with the blank form.

2. Assuming the UM limit is $100,000/$300,000, how much does the UM carrier owe on the bodily injury claim, and how is the $9,000 repair handled?

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Bodily injury calculation:

  • Medical: $85,000
  • Lost wages: $12,000
  • Total damages: $97,000

Compare to the limit structure. UM is written per person / per accident; one claimant means the per-person limit of $100,000 governs. $97,000 does not exhaust the limit, so the full $97,000 is payable, reduced by nothing: the tortfeasor is uninsured, so there is no liability payment from the tortfeasor's insurer to offset.

Vehicle damage:

  • Louisiana's compulsory UM requirement is framed around damages for bodily injury, sickness, disease, or death; it is not a property damage coverage. Damage to the insured's own vehicle is handled under the policy's physical damage coverage (or not at all, if none is purchased).
  • With collision coverage and a $500 deductible, the collision payment is $9,000 − $500 = $8,500.
  • Subrogation against an uninsured, judgment-proof driver is practically worthless, so do not net any recovery expectation against the claim.

Conclusion: UM pays $97,000 for the bodily injury claim; the car is paid under collision at $8,500 after the deductible.

3. The insurer discovers the agent's file contains a note reading 'client declined UM to save premium.' Can the company rely on that note to cut the claim to $25,000?

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Reasoning:

  1. The note proves, at most, an oral conversation. The statute contemplates a written selection or rejection signed by the named insured and attached to the policy or application.
  2. The signed form actually in the file is blank on the limit line. An internal agent memo cannot cure a defective statutory form; it would also invite an errors-and-omissions exposure against the agent if the client denies the conversation.
  3. Even if the client orally said she wanted to save money, no specific limit was selected, so there is no agreed-upon reduced amount to enforce. The default rule supplies the answer: coverage equals the liability limits.

Practical conclusion: Do not reduce the offer based on the note. Flag the agent's handling for E&O review, and note that the same defect would inflate UM on any other policy written with this blank form - a book-of-business review is warranted.