Poots v. Motorist Insurance Companies

This uninsured motorist insurance case presents two questions. Who has the burden of proof to prove an express rejection of uninsured motorist coverage? Does a written application for insurance which provides less uninsured motorist coverage than liability coverage constitute, without more, an express rejection of uninsured motorist coverage equivalent to liability coverage? The trial court held that the insurer has the burden of proof and that such an application does not constitute an express rejection. We affirm.

A declaratory judgment action was brought by and on behalf of Debra and…