Simmons v. Imperial Lloyds Insurance Co.

Supreme Court of Louisiana
Simmons v. Imperial Lloyds Insurance Co., 558 So. 2d 1117 (La. 1990)
1990 La. LEXIS 835; 1990 WL 39302
Dennis, Grant, Lemmon, Writ

Simmons v. Imperial Lloyds Insurance Co.

Opinion of the Court

In re Simmons, Janice; — Plaintiff; Applying for Supervisory and/or Remedial Writs; to the Court of Appeal, Third Circuit, Number CW90-0054; Parish of Natchitoches 10th Judicial District Court Div. “A” Number 59,304-A.

Denied.

DENNIS, J., would grant the writ.

Concurring Opinion

LEMMON, Judge,

concurring.

The Louisiana Insurance Guaranty Association must be properly substituted for the insolvent insurer, with notice and an opportunity to oppose such an order. However, relator should be allowed to proceed by summary proceedings. La.C.C.P. art. 2592(11); State Department of Highways v. Lamar Advertising Co. of Louisiana, 279 So.2d 671 (La. 1973).

Reference

Full Case Name
Janice SIMMONS v. IMPERIAL LLOYDS INSURANCE COMPANY
Cited By
1 case
Status
Published