Legal Opinion

Ware v. Foremost Insurance Co.

Louisiana Court of Appeal

Decided June 2, 2017No. 2016 CA 1481PublishedCited by 2 opinions

1Opinion of the CourtHigginbotham, J.

Lin this case, the trial court rendered a default judgment in favor of plaintiffs, Travis and Janis Ware, and against defendant, Foremost Insurance Company, in the amount of $30,821,80. Foremost appeals arguing that the default judgment should be declared a nullity because no proof of service exists. In the alternative, Foremost argues that the trial court erred in confirming the default judgment because the Wares did not present evidence sufficient to establish their prima fade case under Louisiana Code of Civil Procedure article 1702.

FACTS AND PROCEDURAL HISTORY

The Wares contend that in…

2Cases cited3 opinions

  1. Arias v. Stolthaven New Orleans, L.L.C.Supreme Court of Louisiana · 2009
  2. Clay v. ClaySupreme Court of Louisiana · 1980
  3. Nelson v. MerrickLouisiana Court of Appeal · 2007

3Cited by2 opinions

  1. Leonard Mecca and Kathleen Mecca v. Richard Berk, Arnaud Sitbon and ESJ Capital Partners, LLCDistrict Court of Appeal of Florida · 2024
  2. Stephanie Michelle Patin v. Tammy E. Goudeau, Allstate Insurance Company, and State Farm Mutual Automobile Insurance CompanyLouisiana Court of Appeal · 2020

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