Andres Garcia-Pacheco v. Jonathan McGowan, South Texas Cellular Services, Inc. South Texas Cellular Services, Inc. (of Texas), Ohio Security Insurance Company, and Vantapro Specialty Insurance Company

• Court: Louisiana Court of Appeal
• Decided: June 17, 2024
• Docket: 2024CW0238
• Status: Unknown

Opinion

STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT ANDRES GARCIA-PACHECO NO. 2024 CW 0238 VERSUS JONATHAN MCGOWAN, SOUTH TEXAS CELLULAR SERVICES, INC. SOUTH TEXAS CELLULAR SERVICES, INC. (OF TEXAS), OHIO SECURITY INSURANCE COMPANY, AND VANTAPRO JUNE 17, 2024 SPECIALTY INSURANCE COMPANY

In Re: Ohio Security Insurance Company, applying for supervisory writs, 21st Judicial District Court, Parish of Tangipahoa, No. 20231763.

BEFORE: GUIDRY, C.J., CHUTZ AND LANIER, JJ.

WRIT GRANTED. The March 19, 2024 judgment denying the motion for summary judgment filed by defendant, Ohio Security Insurance Company, is reversed. Defendant produced evidence that the Ohio Security policy issued to South Texas Cellular Services, Inc. expired prior to the date of the collision at issue. Plaintiff failed to produce evidence sufficient to establish the existence of a genuine issue of material fact as to whether a policy of insurance issued by Ohio Security existed, which policy provided coverage to South Texas Cellular for the claims alleged, that was in effect at the time of this collision. See Johnson v. Williams, 2014-0903 (La. App. 4th Cir. 2/4/15), 160 So.3d 1036. Accordingly, the motion for summary judgment filed by Ohio Security Insurance Company is granted and the claims of Andres Garcia-Pacheco asserted against it are dismissed with prejudice.

JMG WRC WIL

COURT OF APPEAL, FIRST CIRCUIT

a.s..O DEPUTY CLERK OF COURT FOR THE COURT