Background
Plaintiff Linda Hill sued her own uninsured motorist insurer, Geico General Insurance Company, after being injured in a two-car wreck in Louisiana. She alleged the other driver, Wilmer Reyes Sarmiento, was uninsured or underinsured. The district court granted summary judgment for Geico because Hill failed to present evidence regarding Sarmiento’s insured status.
The court’s reasoning
The court reviewed the case de novo and agreed that Hill failed to create a genuine issue of material fact. The court noted that Louisiana law requires proof that both the owner and the driver were uninsured or underinsured. Hill’s evidence, including a declaration page and a police report, was insufficient to prove Sarmiento’s uninsured status. The court found that being a permitted driver on another’s policy does not preclude having one’s own insurance, and a police report regarding license validity or nationality does not prove lack of insurance.
What it means going forward
The ruling reinforces the burden on plaintiffs in uninsured motorist claims to provide specific evidence regarding the insured status of both the vehicle owner and the driver.