Supreme Court of Louisiana, 1990

Simmons v. Imperial Lloyds Insurance Co.

Simmons v. Imperial Lloyds Insurance Co.
Supreme Court of Louisiana · Decided April 6, 1990 · Dennis, Grant, Lemmon, Writ
558 So. 2d 1117; 1990 La. LEXIS 835; 1990 WL 39302 (Southern Reporter, Second Series)
Simmons v. Imperial Lloyds Insurance Co.

Cases that cite this one

1 later published case cites this decision.

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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).

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