Opinion
Docket Number 2011-CA-1172
05-15-2012
Mary Helen Borck v. Amanda Register and State Farm Mutual Automobile Insurance Company
East Baton Rouge Parish
On Application for Rehearing filed by Henry G. Terhoeve on 02/17/2012
Rehearing Granted for limited purpose of clarifying our ruling, as set forth in the attached Opinion on rehearing rendered this date.
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Vanessa G. Whipple
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James E. Kuhn
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John M. Guidry
MARY HELEN BORCK
VERSUS
AMANDA REGISTER AND STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY
NUMBER 2011 CA 1172
Whipple, J. on rehearing.
The rehearing application filed by State Farm, in its capacity as Borck's UM insurer, is hereby granted for the limited purpose of clarifying that the liability of State Farm, in its capacity as Borck's UM insurer, is limited to those sums awarded to Mary Helen Borck that exceed the $100,000.00 limits of the State Farm automobile liability policy issued to Amanda Register, subject to a $2,500.00 credit for the previous tender made to Borck by State Farm in its capacity as Borck's UM insurer, together with legal interest from the date of judicial demand until paid. Because Borck's total damages exceed the UM policy limits, see Diggs v. Tillman, 2007-1041 (La. App. 1st Cir. 3/26/08), 985 So. 2d 767, 770, State Farm, in either its capacity as Borck's UM insurer or as Register's liability insurer, is not entitled to a credit for any payments made to Borck pursuant to the medical payments coverage provided in the State Farm UM policy under which she is insured.