Gillmer v. Parish Sterling Stuckey

1,1 respectfully disagree with the majority to the extent that it finds the filing of a liability policy issued in the tortfeasor’s name that lists the involved vehicle, coupled with proof that the plaintiffs damages exceed the coverage available under said policy, without any other evidence, is sufficient to satisfy the plaintiffs initial burden of proof that the tortfeasor was underin-sured.1 While the existence of an excess, umbrella, or other policy covering the tort-feasor is not presumed, there remains the possibility that such policies exist.

Clearly, the methods provided under LSA-R.S.…