Holmes v. SGS Petroleum Services Corp. et al, No. 2:2008cv01576 - Document 89 (E.D. La. 2010)
Court Description: ORDER AND REASONS granting 76 Motion for Summary Judgment. Signed by Judge A. J. McNamara on 5/5/2010. (caa, )
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Holmes v. SGS Petroleum Services Corp. et al Doc. 89 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA MARLON HOLMES * CIVIL ACTION VERSUS * NO: 08-1576 SGS PETROLEUM SERVICES CORP., ET AL * SECTION: "D"(1) ORDER AND REASONS Before the court is the Motion for Summary Judgment (Doc. No. 76) filed by Defendant, Travelers Property Casualty Company of America (Travelers), as an alleged insurer of Defendant, Wellman of Mississippi, Inc. No memorandum in opposition was filed. The motion, set for hearing on Wednesday, May 5, 2010, is before the court on Travelers’ brief, without oral argument. Having considered the memorandum of Travelers’ counsel, the record, and the applicable law, the court finds that it is undisputed that Plaintiff’s accident did not occur in Louisiana and the subject insurance policy was not issued or delivered in Louisiana. Thus, as a matter of law, Plaintiff has no direct action against Travelers under Louisiana’s Direct Action Statute, LSA-R.S. 22:655. Accordingly; Dockets.Justia.com IT IS ORDERED that the unopposed Motion for Summary Judgment (Doc. No. 76) filed by Defendant, Travelers Property Casualty Company of America, be and is hereby GRANTED, dismissing Travelers from this litigation. New Orleans, Louisiana, this 5th day of May, 2010. ______________________________ A.J. McNAMARA UNITED STATES DISTRICT JUDGE 2
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