Patrick Gambel and his wife, Grace Gambel v. Louisiana Insurance Guaranty Association

Opinion

PATRICK GAMBEL AND HIS WIFE, NO. 2026 CW 1096 GRACE GAMBEL

VERSUS

LOUISIANA INSURANCE GUARANTY ASSOCIATION AND SOUTHERN

FIDELITY INSURANCE COMPANY AUGUST 25, 2026

In Re: Louisiana In,,---

3u-- ance Guaranty Association, applying for 21st Judicial District Court, Parish supervisory writs, of Tangipahoa., No. 20230000494.

BEFORE: THERIOT, GREENE, AND EDWARDS, JJ.

WRIT GRANTED WITH ORDER. The trial court' s August 17, 2026 judgments denying Louisiana Insurance Guaranty Association' s

LIGA") Ex Parte Motion and Order for Jury Trial Without Bond Pursuant to La. R. S. 13: 4581 and Motion and Order for Status Conference to Set a New Trial LIGA timely filed Date are reversed.

its request for a jury trial within its answer on March 28, 2023, pursuant to La. Code Civ. P. art. 1734. LIGA owed no duty to post a jury bond in accordance with La. R. S. 13: 4581. Further, LIGA

never filed a written motion to withdraw the jury trial request. See La. Code Civ. P. art. 1733 ( B) . A litigant' s right to a jury trial is fundamental ial-i character, and courts will indulge every presumption against waiver, loss, or forfeiture thereof. Adams v.

City of Baton Rouge, 95- 2515 ( La. App. 1st Cir. 4/ 30/ 96), 673 So. 2d 624, writ denied, 96- 1491 ( La. 9/ 20/ 96), 679 So. 2d 439, and writ

denied, 96- 1492 ( La. 9/ 20/ 96), 679 So. 2d 439. We find LIGA has not waived its right to a Jury trial. This matter is remanded to the trial court with instructions to schedule this matter for jury trial.

I

COURT OF APPEAL, FIRST CIRCUIT

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I tEPUTY- CE OF COURT FOR THE COURT