Shane Faber VS State Farm Mutual Automobile Insurance Co., Valley Supply Company of Houma, Inc., Brett McEachern, and Allstate Property & Casualty Insurance Co.
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STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT SHANE FABER 2019 NO. CW 0776 VERSUS STATE FARM INSURANCE COMPANY BRETT MUTUAL CO., OF AUTOMOBILE VALLEY HOUMA, MCEACHERN, ALLSTATE AND PROPERTY & INSURANCE CO. In State Re: SUPPLY INC., JUNE CASUALTY Farm Mutual Supply Automobile BEFORE: WRIT trial CRAIN, THERIOT, GRANTED court' IN Shane plaintiff, Terrebonne, AND PART, 10, May s of 2019 summary judgment partial by Parish Brett ruling is Judicial District JJ. PART. The of of the motion for portion the granted which issue on the Faber, IN Valley McEachern, 179967. No. HOLDRIDGE, DENIED 2019 Insurance Company, Houma, Inc., Company 32nd applying for supervisory writs, of Court, 19, medical causation Notice filed of the hearing 2019. by the court on April 30, cannot agree to a hearing date in violation of La. art. 966 ( B) and ( C) . The thirty day notice provided Civ. P. art. 966 is mandatory and designed to give The parties date of was the legal and evidentiary procedural due process to addition notice fundamental. Fitzmorris, granted the the of La. denied motion for as defendants admitted they the of notice to an fair substantive Code notice heard, in and in hearing is L. L. C. V. 11/ 1/ 17), the P. Moreover, be Northshore, summary judgment filed by no by La. the of of Civ. action, coverage had Code motion. opportunity lst Cir. App. to the portion partial insurance liability and for pendency Properties 2017- 0424 ( is an adequate Acadian The writ bases requires therewith, conjunction 927. reversed. issued 234 judgment So. 3d which on the issues of plaintiff opposition since to this motion. MRT GH Crain, the with J., agrees reversal of in the part and ruling dissents which in granted summary judgment on the issue of medical However, I dissent by plaintiff, Shane Faber. reverse the ruling which granted the motion for partial judgment on the issues of liability and insurance by plaintiff based upon the insufficient notice. COURT D OF APPEAL, FIRST PUTY OF FOR LE THE K CIRCUIT COURT COURT I part. the causation and agree motion would partial for filed also summary coverage filed
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