William Triay v. Louisiana Insurance Guaranty Association
2025 CW 0654
| La. Ct. App. | Nov 3, 2025
STATE OF LOUISIANA
COURT OF APPEAL, FIRST CIRCUIT

WILLIAM TRIAY NO. 2025 CW 0654
VERSUS

LOUISIANA INSURANCE GUARANTY NOVEMBER 3, 2025
ASSOCIATION

In Re: Louisiana Insurance Guaranty Association, applying for

supervisory writs, 22nd Judicial District Court, Parish
of St. Tammany, No. 2023-14996.

BEFORE: LANIER, WOLFE, AND HESTER, JJ.

WRIT GRANTED. The district court’s June 12, 2025 judgment
denying the motion for summary judgment filed by defendant, the
Louisiana Insurance Guaranty Association (“LIGA”), is reversed.
When an insurer is deemed insolvent, LIGA is deemed to be the
insurer to the extent of its obligation on pre-insolvency covered
claims and has all the rights, duties, and obligations of the
insolvent insurer, as if that insurer had not become insolvent.
la. R.S. 22:2058(A) (1) (a) and (A) (2). A covered claim is any unpaid
claim by or against the insured which arises out of and is within
the coverage and not in excess of the applicable limits of an
insurance policy to which LIGA law applies. La. R.S. 22:2055(6).
A covered claim shall not include a claim filed with LIGA after
the earlier of five years after the date of the order of
liquidation of the insolvent insurer or the final date set by the
domiciliary court for the filing of claims against the liquidator
Or receiver of an insolvent insurer. La. R.S. 22:2058 (A) (1) (c) (i).
Summary judgment in favor of LIGA is proper when a plaintiff’s
Claim was filed after the claim bar date. see Rivet v. Huntington
Ingalls Incorporated, No. 22-2584,
2022 WL 16529550
 (unpublished)
(E.D. La. 10/28/22).

Pursuant to the district court’s order of liquidation, all
proof of claims against Lighthouse Excalibur Insurance were due on
or before 4:30 p.m. on September 18, 2022. LIGA filed an affidavit
attesting that no record of any claims were filed by plaintiff.
Plaintiff failed to produce’ factual support sufficient to
establish the existence of a genuine issue of material fact or
that the mover is not entitled to judgment as a matter of law. La.
Code Civ. P. art. 966(D) (1).

Accordingly, the defendant’s motion for summary judgment is
granted and the claims of plaintiff, William Triay, against
defendant, the Louisiana Insurance Guaranty Association, are
dismissed.

WIL
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‘COURT OF JAPPEAL, FIRST CIRCUIT

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“DEPUTY CLERK OF COURT
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