Eastman v. Louisiana Citizens Property Insurance

Louisiana Court of Appeal

Eastman v. Louisiana Citizens Property Insurance

977 So. 2d 962, 7 La.App. 3 Cir. 01079, 2007 La. App. LEXIS 2464, 2007 WL 4440169

CourtLouisiana Court of Appeal

DecidedAugust 30, 2007

DocketNo. CW 07-01079

StatusPublished

Cited by2 cases

This text of 977 So. 2d 962 (Eastman v. Louisiana Citizens Property Insurance) 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

Eastman v. Louisiana Citizens Property Insurance, 977 So. 2d 962, 7 La.App. 3 Cir. 01079, 2007 La. App. LEXIS 2464, 2007 WL 4440169 (La. Ct. App. 2007).

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Opinion

WRIT GRANTED AND MADE PEREMPTORY. We find that the trial court erred in granting the defendant’s motion to strike the plaintiffs request for jury trial. Louisiana Revised Statute 22:1430.17 identifies the defendant corporation as a “political instrumentality” rather than a “political subdivision” of the state. Additionally, the statute clearly states that the corporation is not an agency of the state. Furthermore, the statutes that follow show that the corporation is not in the nature of a political subdivision or state agency. Louisiana Revised Statute 22:1430.2(B)(1) differentiates between the assets of the corporation and the general funds of the state, and subsection D(£) of that same section subjects the corporation only to those provisions of La.R.S. 42:4.1-13 and La.R.S. 44:1-41 for purposes of public body consideration. The mere fact that the entity was created by legislative act does not make it a political subdivision of the state or a state agency. Therefore, the trial court’s ruling is reversed, and the jury trial is reinstated.

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WRIT GRANTED AND MADE PEREMPTORY. We find that the trial court erred in granting the defendant’s motion to strike the plaintiffs request for jury trial. Louisiana Revised Statute 22:1430.17 identifies the defendant corporation as a “political instrumentality” rather than a “political subdivision” of the state. Additionally, the statute clearly states that the corporation is not an agency of the state. Furthermore, the statutes that follow show that the corporation is not in the nature of a political subdivision or state agency. Louisiana Revised Statute 22:1430.2(B)(1) differentiates between the assets of the corporation and the general funds of the state, and subsection D(£) of that same section subjects the corporation only to those provisions of La.R.S. 42:4.1-13 and La.R.S. 44:1-41 for purposes of public body consideration. The mere fact that the entity was created by legislative act does not make it a political subdivision of the state or a state agency. Therefore, the trial court’s ruling is reversed, and the jury trial is reinstated.

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Bluebook (online)

977 So. 2d 962, 7 La.App. 3 Cir. 01079, 2007 La. App. LEXIS 2464, 2007 WL 4440169, Counsel Stack Legal Research, https://law.counselstack.com/opinion/eastman-v-louisiana-citizens-property-insurance-lactapp-2007.

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