Cohn v. State Farm
Jan 01, 2005OUTCOME: Appeals court overruled trial court
On January 12, 2000, a vehicle driven by William Cohn was rear-ended by another vehicle. The vehicle driven by Cohn was owned by his employer, Beebe's Pest and Termite Control, Inc. (“Beebe's”), and ... Cohn was in the course and scope of his employment with Beebe's at the time of the accident. Cohn claimed to have sustained serious back injuries as a result of the accident and sought recovery from State Farm under Beebe's uninsured/underinsured motorist coverage (“UM”). State Farm filed a motion for summary judgment, alleging that Beebe's had rejected UM coverage prior to the accident on the vehicle driven by Cohn. The basis for this motion for summary judgment was that on November 24, 1999, Annette Beebe, in her capacity as an officer and director of Beebe's, initialed and signed a UM selection form rejecting UM coverage on Beebe's fleet policy. The trial court granted State Farm's motion for summary judgment, and the Cohns appealed, asserting that the trial court erred in granting summary judgment based upon a deficient, altered UM rejection form and an “after-the-fact” affidavit. - See more at: http://caselaw.findlaw.com/la-court-of-appeal/1228885.html#sthash.SGl2moC8.dpuf
