Supreme Court of Louisiana, 2016

Loupe v. USAA Insurance Co.

Loupe v. USAA Insurance Co.
Supreme Court of Louisiana · Decided November 7, 2016 · Crichton, Grant, Hughes, Reason, Reasons, Writ
205 So. 3d 909; 2016 La. LEXIS 2196 (Southern Reporter, Third Series)

Loupe v. USAA Insurance Co.

Opinion of the Court

In re John Loupe; Mary P. Loupe;— Plaintiff(s); Applying for Writ of Certiorari and/or Review, Parish of E. Baton Rouge, 19th Judicial District Court Div. 0, No. 618,923; to the Court of Appeal, First Circuit, No. 2016 CW 0006; No. 2016 CW 0010; No. 2016 CW 0099

| T Writ application denied.

HUGHES, J., dissents and would grant the writ and assigns reason. CRICHTON, J., would grant and assigns reasons.

Dissenting Opinion

Hughes, J.,

dissents and would grant the writ.

_JjThe plaintiff was not injured during the commission of the offense attributed to him and his friends, but rather was injured during the commission of a separate intervening offense. In other words, the plaintiff was injured during an armed robbery, aggravated battery, or attempted murder, not an attempted possession of an illegal substance.

I further harbor serious doubt that the statute properly applies to minors in any event.

Crichton, J., would grant and assigns reasons.

hi would grant the application to determine whether La. R.S. 9:2800.10 applies to juveniles.

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