Terry Vascocu v. Privilege Underwriters Reciprocal Exchange, Katherine Clark Boyce and State Farm Mutual Automobile Insurance Company

Opinion

STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT

TERRY VASCOCU NO. 2025 CW 0343 VERSUS

PRIVILEGE UNDERWRITERS RECIPROCAL EXCHANGE, KATHERINE CLARK BOYCE, AND STATE FARM MUTUAL AUTOMOBILE

INSURANCE COMPANY JULY 14, 2025

In Re: Terry Vascocu, applying for supervisory writs, 18th Judicial District Court, Parish of West Baton Rouge, No. 1049447.

BEFORE: HESTER, EDWARDS, AND BALFOUR, JJ.

WRIT GRANTED WITH ORDER. The trial court’s February 28, 2025 judgment, which granted the exceptions of no cause of action and no right of action filed by defendant, Privilege Underwriters Reciprocal Exchange, and ordered that “Plaintiff's claims against Privilege Underwriters Reciprocal Exchange (PURE), are dismissed...” is a final, appealable judgment pursuant to Louisiana Code of Civil Procedure article 1915(A) (1). Therefore, the writ is granted for the limited purpose of remanding this matter to the trial court with instructions to grant an appeal to plaintiff, Terry Vascocu, pursuant to the pleading that notified the trial court of plaintiff's intention to seek writs. see In re Howard, 541 So.2d 195, 197 (La. 1989) (per curiam). Additionally, a copy of this court’s order is to be included in the appellate record.

CHH BDE

Balfour, J., would reverse the trial court’s February 28, 2025 judgment which granted the exceptions of no cause and no right of action. La. R.S. 22:1269(B) (1) (b) provides an exception to the limitation on direct actions against the insurer when the insured is insolvent. Plaintiff’s petition made sufficient allegations as to insolvency of the insured. Accordingly, I would grant the writ and deny the exceptions of no cause and no right of action filed by the insurer, Privilege Underwriters Reciprocal Exchange.

COURT OF APPEAL, FIRST CIRCUIT

Y CLERK OF COURT OR THE COURT