Porretto v. Perkins

Decision Date13 February 2015
Docket NumberNo. 2014–CC–2428.,2014–CC–2428.
Citation158 So.3d 826 (Mem)
PartiesPeter PORRETTO, Jr. v. Kendric PERKINS, et al.
CourtLouisiana Supreme Court
Opinion

In re Allstate Indemnity Company;—Defendant; Applying For Supervisory and/or Remedial Writs, Parish of Orleans, Civil District Court Div. C, No. 2012–10215; to the Court of Appeal, Fourth Circuit, No. 2014–C–0831.

Granted. Unlike the mandatory liability policy in Bernard v. Ellis, 11–2377 (La.7/2/12), 111 So.3d 995, the policy at issue is a voluntary personal umbrella policy. See, e.g., Hearty v. Harris, 574 So.2d 1234 (La.1991) ; Allen v. Allstate Ins. Co., 08–1451 (La.App. 3 Cir. 5/6/09), 10 So.3d 374 Therefore, relator is not statutorily mandated to extend uninsured motorist coverage to a person who falls outside the policy's definition of an “insured person.” Accordingly, the judgment of the district court is reversed, and relator's motion for summary judgment is granted.

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