Allstate Insurance Co. v. Casualty Reciprocal Exchange

Louisiana Court of Appeal

Allstate Insurance Co. v. Casualty Reciprocal Exchange

544 So. 2d 556, 1989 La. App. LEXIS 1232, 1989 WL 64005

CourtLouisiana Court of Appeal

DecidedMay 15, 1989

DocketNo. W89-512

StatusPublished

Cited by2 cases

This text of 544 So. 2d 556 (Allstate Insurance Co. v. Casualty Reciprocal Exchange) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Allstate Insurance Co. v. Casualty Reciprocal Exchange, 544 So. 2d 556, 1989 La. App. LEXIS 1232, 1989 WL 64005 (La. Ct. App. 1989).

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Opinion

Applying for Certiorari, or writ of review, to the 15th Judicial District Court, Parish of Lafayette (Hon. Bennett J. Gau-treaux) # 88-54790 State of Louisiana.

WRIT DENIED: From the writ application filed in this court, we find no clear error in the trial court’s ruling. A motion for summary judgment shall be rendered only if the mover is entitled to judgment as a matter of law. La.C.C.P. Art. 966. The trial court was correct in denying the motion for summary judgment as there exists a question of law. Compare ADA Resources v. Don Chamblin & Associates, Inc., 361 So.2d 1339 (La.App. 3 Cir.1978); Cooling v. U.S.F. & G., 269 So.2d 294 (La.App. 3 Cir.1972) writ den. 272 So.2d 373 (La.1973) with Moreau v. Moran, 465 So.2d 202 (La.App. 3 Cir.1985); State Farm Fire & Cas. Co. v. Avant, 404 So.2d 1311 (La.App. 2 Cir.1981). Relator has an adequate remedy by appeal in the event of an adverse judgment.

FORET, J., would grant the writ and call the matter up for briefing, argument, and rendition of a formal opinion.

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Applying for Certiorari, or writ of review, to the 15th Judicial District Court, Parish of Lafayette (Hon. Bennett J. Gau-treaux) # 88-54790 State of Louisiana.

WRIT DENIED: From the writ application filed in this court, we find no clear error in the trial court’s ruling. A motion for summary judgment shall be rendered only if the mover is entitled to judgment as a matter of law. La.C.C.P. Art. 966. The trial court was correct in denying the motion for summary judgment as there exists a question of law. Compare ADA Resources v. Don Chamblin & Associates, Inc., 361 So.2d 1339 (La.App. 3 Cir.1978); Cooling v. U.S.F. & G., 269 So.2d 294 (La.App. 3 Cir.1972) writ den. 272 So.2d 373 (La.1973) with Moreau v. Moran, 465 So.2d 202 (La.App. 3 Cir.1985); State Farm Fire & Cas. Co. v. Avant, 404 So.2d 1311 (La.App. 2 Cir.1981). Relator has an adequate remedy by appeal in the event of an adverse judgment.

FORET, J., would grant the writ and call the matter up for briefing, argument, and rendition of a formal opinion.

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Bluebook (online)

544 So. 2d 556, 1989 La. App. LEXIS 1232, 1989 WL 64005, Counsel Stack Legal Research, https://law.counselstack.com/opinion/allstate-insurance-co-v-casualty-reciprocal-exchange-lactapp-1989.

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