STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT BAYOU AUTOMOTIVE GROUP, LLC NO. 2024 CW 0322 D/B/A BAYOU CHRYSLER DODGE JEEP RAM AND BAYOU STATE Page 1 of 2 AUTOMOTIVE GROUP, LLC D/B/A BAYOU FORD VERSUS NEW YORK MARINE AND GENERAL INSURANCE COMPANY, HUB INTERNATIONAL MIDWEST LIMITED D/B/A HUB INTERNATIONAL GULF SOUTH, DAVID W. ALLIGOOD, JANETTE CAMPBELL, AND XYZ INSURANCE APRIL 11, 2024 COMPANY

In Re: Hub International Midwest Limited D/B/A Hub International Gulf South, David W. Alligood, and Lanette Campbell, applying for supervisory writs, 19th Judicial District Court, Parish of East Baton Rouge, No. 712867.

BEFORE: McCLENDON, WELCH, THERIOT, PENZATO, AND GREENE, JJ.

STAY DENIED; WRIT GRANTED IN PART AND DENIED IN PART.

The portion of the district court's April 11, 2024 judgment which granted plaintiffs' motion in limine to exclude evidence regarding the fault of New York Marine and General Insurance Company or Risk Point Underwriting Managers, LLC is reversed in part. Louisiana Civil Code article 2323 provides, in part, that in any action for damages where a person suffers injury or loss, the degree or percentage of fault of all persons causing or contributing to the injury or loss shall be determined, regardless of whether the person is a party to the action or a nonparty, which applies to any claim for recovery of damages for injury or loss asserted under any law or legal doctrine or theory of liability, regardless of the basis of liability. The district court abused its discretion in excluding evidence of the fault of New York Marine and General Insurance Company or Risk Point Underwriting Managers, LLC, and the motion in limine is denied with regard to such evidence. However, defendants are not entitled to introduce evidence as to amounts received by plaintiffs from its insurer pursuant to the collateral source rule. See Prest v. Louisiana Citizens Prop. Ins. Corp., 2012- 0513 ( La. 12/4/12), 125 So.3d 1079. Accordingly, the writ is denied, in part, to the extent the judgment excludes evidence as to amounts received by plaintiffs from its insurer.

JEW MRT AHP

McClendon, J., concurs.

Greene, J., concurs in part and dissents in part. I concur with the denial of the stay but dissent and would deny the STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT

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writ. The criteria set forth in Herlitz Construction Co., Inc. v. Hotel Investors of New Iberia, Inc., 396 So.2d 878 ( La. 1981) ( per curiam), are not met.

COURT OF APPEAL, FIRST CIRCUIT