ALCENDER WILLIAMS, JR. Respondent
USAGENCIES CASUALTY INSURANCE COMPANY, INC. LOUISIANA INSURANCE GUARANTY ASSOCIATION Applicant
Application for Writs from the Monroe City Court for the
Parish of Ouachita, Louisiana Trial Court No. 2014CV01158
Honorable Aisha S. Clark, Judge.
MILLING BENSON WOODWARD, LLP By: Benjamin M. Chapman J. Jacob
Chapman Stephanie B. Laborde Counsel for Applicant
NELSON, ZENTNER, SARTOR, & SNELLINGS, L.L.C. By: Thomas
G. Zentner, Jr. ANTHONY J. BRUSCATO Counsel for Respondent
WILLIAMS, COX, and McCALLUM, JJ.
Court granted an application for supervisory writ filed by
the defendant, Louisiana Insurance Guaranty Association
("LIGA"), to review the trial court's judgment
denying the defendant's motion for summary judgment. For
the following reasons, we conclude the trial court erred.
Therefore, we make the writ peremptory and reverse the trial
20, 2013, the plaintiff, Alcender Williams, Jr., was walking
across the intersection of Grayling Lane and Hawes Street in
Monroe, Louisiana. He was injured when he was struck by a
vehicle being driven by Eric Davis; the registered owner of
the Davis vehicle was Sharon Davis. The plaintiff submitted a
claim to Sharon Davis' automobile liability insurer,
Progressive Security Insurance ("Progressive").
Thereafter, the plaintiff and Progressive reached a
settlement for the $15, 000 policy limit, plus interest, for
a total of $15, 161.49.
time of the accident, the plaintiff resided with his mother,
Bernadene Hubbard, and he reserved his rights against her
uninsured/underinsured motorist ("UM") insurer,
USAgencies Casualty Insurance Company
("USAgencies"), which later became known as
Affirmative Casualty Insurance Company
("Affirmative"). Subsequently, the plaintiff
submitted a UM claim to USAgencies/Affirmative asserting that
the limits of the Progressive policy were insufficient to
compensate him for his damages. USAgencies/Affirmative
rejected the claim, asserting that the plaintiff was an
excluded driver under the policy.
April 25, 2014, the plaintiff filed a lawsuit against
USAgencies/Affirmative for damages and attorney fees on the
following grounds: the insurer failed to pay his UM claim
under La. R.S. 22:1892; the insurer breached its duty of good
faith under La. R.S. 22:1973; and the insurer engaged in
unfair methods of practice under La. R.S. 22:1963.
Thereafter, both parties moved for summary judgment. The
trial court granted summary judgment in favor of the
plaintiff, finding that the plaintiff was entitled to
coverage "under the medical payment provision of the
policy (at defendant's cost) but not under the
uninsured/underinsured provision." Subsequently, the
trial court granted the plaintiff's motion for rehearing
and granted the "plaintiff's motion for summary
judgment as it relates to [the uninsured/underinsured
provision] of the policy providing for coverage of
plaintiff's damages." Following an appeal by
USAgencies/Affirmative, this Court affirmed the trial
court's ruling. Williams v. USAgencies Cas. Ins.
Co., 50, 185 (La.App. 2 Cir. 9/30/15), 186 So.3d 96.
April 11, 2016, USAgencies/Affirmative was declared
insolvent. As a result of the liquidation of the insurer,
LIGA began discharging its obligation with regard to other
claims made against USAgencies/Affirmative, as provided in
the Louisiana Insurance Guaranty Association Law. On January
31, 2017, the plaintiff filed a supplemental and amended
petition adding LIGA as a defendant.
9, 2017, LIGA filed a motion for summary judgment asserting
that it was entitled to a statutory credit, pursuant to La.
R.S. 22:2062, for the $15, 161.49 that was paid to the
plaintiff under the Progressive policy. LIGA also argued that
its financial obligation to the plaintiff would be
extinguished after that credit was applied to the $15, 000
maximum that it would be obligated to pay under the UM
policy. Accordingly, LIGA argued, there were no genuine
issues of material fact and it was entitled to judgment as a
matter of law.
a hearing, the trial court denied LIGA's motion for
summary judgment, stating:
The motion for summary judgment in this matter is denied.
Wilson v. Brown 2005 WL 2204861 (La. Dist. Ct.)
LSA-R.S. 22:2058, Formerly cited as LA R.S.
Blackwell vs. Williams, 618 So.2d 477.
Court granted LIGA's application for supervisory ...