Background
This matter arose out of a civil action pending in the 19th Judicial District Court, Parish of East Baton Rouge (No. 706944), involving James E. Berrigan, Jr., his wife Laurie Berrigan, and Louisiana Glass, Inc. as plaintiffs against David Lang, Cajun Ready Mix Concrete, L.L.C., and The Gray Insurance Company.
United Fire & Indemnity Company sought review of a trial court ruling by applying for supervisory writs to the Louisiana Court of Appeal, First Circuit. The underlying dispute involves claims arising from an incident connected to a concrete delivery or construction operation.
The Court’s Holding
A three-judge panel consisting of Judges Wolfe, Hester, and Balfour summarily denied United Fire & Indemnity Company’s application for supervisory writs. The court issued no written reasons for the denial.
The denial of a supervisory writ application indicates the appellate court declined to exercise its discretionary jurisdiction to review the trial court’s interlocutory ruling at this stage of the proceedings. The underlying litigation in the 19th JDC continues.
Key Takeaways
- The Louisiana First Circuit denied United Fire & Indemnity Company’s supervisory writ application without written reasons.
- The denial is not a ruling on the merits of the underlying coverage or liability dispute; the matter remains pending in the 19th Judicial District Court.
- Supervisory writ denials are discretionary and do not carry precedential weight on the substantive issues.
Why It Matters
This writ denial has limited precedential significance, as Louisiana appellate courts routinely deny supervisory writs without comment when they decline to exercise discretionary review of interlocutory trial court rulings. Practitioners should note that denial does not signal appellate approval or disapproval of the underlying ruling.
For insurers and coverage counsel, the outcome serves as a reminder that interlocutory coverage disputes in Louisiana tort cases may not be immediately reviewable by writ, leaving parties to continue through trial court proceedings before seeking appellate relief as of right.