Prejean v. Dixie Lloyds Ins. Co.

655 So. 2d 303
CourtSupreme Court of Louisiana
DecidedMay 22, 1995
Docket94-CA-2979
StatusPublished
Cited by13 cases

This text of 655 So. 2d 303 (Prejean v. Dixie Lloyds Ins. Co.) is published on Counsel Stack Legal Research, covering Supreme Court of Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Prejean v. Dixie Lloyds Ins. Co., 655 So. 2d 303 (La. 1995).

Opinion

655 So.2d 303 (1995)

Patricia Stelly PREJEAN
v.
DIXIE LLOYDS INSURANCE CO., et al.
Billy DESHOTEL
v.
Monica MONTET, et al.
Todd TOUPS
v.
Scott RICHARD, et al.

No. 94-CA-2979.

Supreme Court of Louisiana.

May 22, 1995.

*305 Wendell R. Verret, Haik & Minvielle, New Iberia, for applicant.

J. Isaac Funderburk, Funderburk & Herpin, Billy Deshotels, in pro. per., Marcus A. Broussard, Jr., Abbeville, for respondent.

VICTORY, Justice.[1]

The trial court in this case declared Acts 651 and 958 of the 1993 Regular Session of the Louisiana legislature unconstitutional, and cast the Louisiana Insurance Guaranty Association ("LIGA"), as successor of Liberty Lloyds Insurance Company ("Liberty Lloyds") in liquidation, with preinsolvency court costs. Pursuant to La. Const. art. V, § 5(D)(2), LIGA directly appeals, claiming that: (1) the trial court's declaration of unconstitutionality is erroneous because this Court previously decided in Louisiana Insurance Guaranty Association v. Gegenheimer, 93-3021 (La. 4/21/94), 636 So.2d 209, that Acts 651 and 958 are constitutional; and (2) La.R.S. 22:1379(3)(d) exempts LIGA from having to pay preinsolvency obligations of an insurer, including court costs. We reverse the trial court's finding of unconstitutionality, but affirm the judgment insofar as it orders LIGA to pay court costs incurred by Liberty Lloyds prior to insolvency.

FACTS AND PROCEDURAL HISTORY

On September 4, 1989, Billy Deshotel and Patricia Prejean sustained injuries in an automobile accident while riding in a vehicle owned by Monica Montet and driven by Scott Richard. At the time of the accident, the Montet vehicle was insured by Dixie Lloyds Insurance Company ("Dixie Lloyds"). Liberty Lloyds insured both the driver of the vehicle, Scott Richard, and also acted as Deshotel's uninsured/underinsured motorist insurer.

Deshotel filed suit against Monica Montet, Scott Richard, Dixie Lloyds and Liberty Lloyds on April 24, 1990, in the 15th Judicial District Court, Vermilion Parish, Louisiana. This suit was subsequently consolidated with two other suits arising out of the same accident: Patricia Stelly Prejean v. Dixie Lloyds Insurance Company, et al., Docket No. 90-57952-B, and Todd Toups v. Scott Richard, et al., Docket No. 90-58726-A.

On December 20, 1990, Dixie Lloyds was declared insolvent and ordered into liquidation by the Louisiana Commissioner of Insurance. As the successor to Dixie Lloyds, LIGA was substituted as the proper party defendant in the Deshotel and Prejean lawsuits.

Ultimately, Deshotel settled with Liberty Lloyds, and after trial, obtained a judgment against LIGA/Dixie Lloyds, as insurer of the Montet vehicle. The trial court further ruled that court costs in the consolidated proceedings were to be divided equally between LIGA/Dixie Lloyds and Liberty Lloyds.

LIGA appealed the judgment, claiming that the trial court erred in casting it with court costs incurred prior to Dixie Lloyds's insolvency.[2] The court of appeal found error in the trial court's equal assessment of court costs between LIGA/Dixie Lloyds and Liberty Lloyds, concluding that La.R.S. 22:1379(3)(d) (effective September 7, 1990), which exempts LIGA from the payment of preinsolvency court costs of an insurer, is subject to retroactive application.[3] The court *306 of appeal amended the trial court judgment to reflect its ruling:

IT IS ORDERED[,] ADJUDGED, AND DECREED that court costs incurred prior to December 20, 1990, are assessed to Liberty Lloyds Insurance Company; court costs incurred after December 20, 1990, are assessed equally against Liberty Lloyds Insurance Company and Louisiana Insurance Guaranty Association. Costs of appeal are assessed against Louisiana Insurance Guaranty Association.

Prejean v. Dixie Lloyds Insurance Company, 602 So.2d 764 (La.App. 3d Cir.1992), companion to Deshotel v. Dixie Lloyds Insurance Company, 602 So.2d 768 (La.App. 3d Cir.1992).[4]

Pursuant to the court of appeal's order, the Vermilion Parish Clerk of Court determined that LIGA/Dixie Lloyds had an outstanding balance of $354.28 in court costs, and that Liberty Lloyds's had an outstanding balance of $1,800.54 in court costs. LIGA/Dixie Lloyds paid its bill in full by check mailed to the Vermilion Parish Clerk of Court on September 15, 1992. As of March 31, 1993, Liberty Lloyds had not satisfied its obligation.

On May 17, 1993, Liberty Lloyds was declared insolvent and ordered into liquidation by the Louisiana Commissioner of Insurance. On April 15, 1994, Deshotel filed a "Rule to Show Cause" against LIGA, as Liberty Lloyds's successor, requesting that the court order LIGA/Liberty Lloyds to pay the outstanding court costs so that he could be refunded advanced costs. The trial court found in favor of Deshotel, ruling that:

IT IS ORDERED, ADJUDGED AND DECREED that Act 651 of the 1993 Regular Session of the Legislature and Act 958 of the 1993 Regular Session of the Legislature are both declared unconstitutional as being in violation of the equal protection clause in that neither act is rationally related to any legitimate State purpose; and the Louisiana Insurance Guaranty Association is ordered to pay to the Vermilion Parish Clerk of Court all amounts advanced by plaintiff, Billy Deshotel, so that these funds can be refunded to plaintiff, Billy Deshotel.

Pursuant to La. Const. art. V, § 5(D)(2), LIGA/Liberty Lloyds appeals the judgment on the rule to show cause claiming that: (1) this Court has previously decided in, Louisiana Insurance Guaranty Association v. Gegenheimer, supra, that Acts 651 and 958 are constitutional; and (2) La.R.S. 22:1379(3)(d) exempts it from having to pay preinsolvency obligations of an insurer, including court costs.

DISCUSSION

La.R.S. 13:4521(A) as Amended by Acts 651 and 958

Acts 651 and 958 of the 1993 Regular Session of the legislature made La.R.S. 13:4521(A), dealing with the payment of court costs by the state, applicable to LIGA. This statute, as amended, currently provides:

A. Except as provided in R.S. 13:5112, R.S. 19:15 and 116, and R.S. 48:451.3, and as hereinafter provided, neither the state, nor any parish, municipality, nor other political subdivision, public board, or commission, nor any officer or employee of any such governmental entity when acting within the scope and authority of such employment or when discharging his official duties shall be required to pay court costs in any judicial proceeding instituted or prosecuted by or against the state, or any such parish, municipality, or other political subdivision, board, or commission, in *307 any court of this state or any municipality of this state, including particularly but not exclusively those courts in the parish of Orleans and the city of New Orleans. This Section shall also apply to the Louisiana Insurance Guaranty Association and the Louisiana Life and Health Insurance Guaranty Association in any judicial proceeding instituted by or against them. This Section shall also apply to employees or agents of the state if they are named as defendants in a suit arising out of the course and scope of their employment or agency.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Jeanes v. McBride
W.D. Louisiana, 2019
Florida Insurance Guaranty Ass'n v. Bernard
140 So. 3d 1023 (District Court of Appeal of Florida, 2014)
Jefferson Parish Hospital District No. 1 v. K & B Louisiana Corp.
138 So. 3d 51 (Louisiana Court of Appeal, 2014)
State, Department of Transportation & Development v. Lauricella Land Co.
106 So. 3d 1124 (Louisiana Court of Appeal, 2012)
Holt v. State Farm Fire & Casualty Co.
627 F.3d 188 (Fifth Circuit, 2010)
Hopkins v. Howard
930 So. 2d 999 (Louisiana Court of Appeal, 2006)
Lafayette Parish School Bd. v. C&B SALES
735 So. 2d 6 (Louisiana Court of Appeal, 1999)
Harvey v. Traylor
688 So. 2d 1324 (Louisiana Court of Appeal, 1997)
Gauthreaux v. Trosclair
676 So. 2d 213 (Louisiana Court of Appeal, 1996)
Gygax v. Brugoto
674 So. 2d 366 (Louisiana Court of Appeal, 1996)
Lieber v. Caddo Levee Dist. Bd. of Com'rs
660 So. 2d 188 (Louisiana Court of Appeal, 1995)

Cite This Page — Counsel Stack

Bluebook (online)
655 So. 2d 303, Counsel Stack Legal Research, https://law.counselstack.com/opinion/prejean-v-dixie-lloyds-ins-co-la-1995.