King v. Illinois National Insurance
Supreme Court of Louisiana
1Opinion of the Court
GUIDRY, Justice.
| We granted certiorari in this matter to address the res nova issue of whether an individual’s unexercised right to institute litigation through the filing of a lawsuit can be seized by a writ of fieri facias. For the reasons that follow, we find the court of appeal properly concluded a cause of action on which suit has not yet been filed is a strictly personal right and, as such, not subject to seizure. Accordingly, the court of appeal’s ruling reversing the trial court and granting summary judgment in favor of and dismissing the defendants, Illinois National Insurance…
Also in this document: Dissent.
2Cases cited23 opinions
- Schroeder v. Board of Sup'rsSupreme Court of Louisiana · 1991
- Smith v. Our Lady of the Lake Hospital, Inc.Supreme Court of Louisiana · 1994
- Hines v. GarrettSupreme Court of Louisiana · 2004
- Duncan v. USAA Ins. Co.Supreme Court of Louisiana · 2007
- Virginia Woodfield, Nationwide Mutual Insurance Co., Plaintiff-Third Party v. Charlie Bowman, Planet Insurance Co., Defendant-Third PartyCourt of Appeals for the Third Circuit · 1999
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3Cited by79 opinions
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- Mahoney v. East Carroll Parish Police JuryLouisiana Court of Appeal · 2012
- Russell v. Morgan's Bestway of Louisiana, LLCLouisiana Court of Appeal · 2013
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