Background
Patrick Gambel and his wife, Grace Gambel, sued the Louisiana Insurance Guaranty Association (LIGA) and Southern Fidelity Insurance Company in Tangipahoa Parish’s 21st Judicial District Court.
LIGA requested a jury trial in its March 28, 2023 answer under Louisiana Code of Civil Procedure article 1734. The trial court later denied LIGA’s ex parte request for a jury trial without a bond under La. R.S. 13:4581, as well as its request for a status conference to set a new trial date.
The Court’s Holding
The First Circuit granted LIGA’s supervisory-writ application and reversed the trial court’s August 17, 2026 judgments. LIGA timely requested a jury trial in its answer and, under La. R.S. 13:4581, was not required to post a jury bond.
The court also held that LIGA had not waived its jury-trial right. LIGA never filed the written motion required by Louisiana Code of Civil Procedure article 1733(B) to withdraw its jury request, and courts presume against waiver, loss, or forfeiture of the fundamental right to a jury trial.
Key Takeaways
- LIGA’s timely jury demand in its answer remained effective.
- La. R.S. 13:4581 excused LIGA from posting a jury bond.
- A jury demand is not waived without the written withdrawal contemplated by article 1733(B).
Why It Matters
The ruling reinforces that Louisiana courts must protect a properly asserted jury-trial right and should not infer its waiver lightly. It also confirms LIGA’s statutory exemption from the jury-bond requirement.
The case was remanded with instructions to schedule the matter for a jury trial.