Hayes v. De Barton

|,In this uninsured/underinsured motorist (UM) case, the majority reverses the trial court’s grant of summary judgment in favor of Lonny Hayes, individually and as administrator of the estate of his minor child, Garret Hayes, and Melissa Hayes. In doing so, a majority of the panel and the concurring judge, respectively, find the 2007 and 2011 UM waivers of O’Neal’s Feeder Supply, Inc. (“O’Neal’s”) valid; accordingly, they find Penn Millers Insurance Company (“Penn Millers”) issued O’Neal’s’ a commercial auto policy with no UM coverage. For the following reasons, I respectfully dissent.

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