2024CW0238 Nonprecedential Writ granted Processed

Andres Garcia-Pacheco v. Jonathan McGowan, South Texas Cellular Services, Inc. South Texas Cellular Services, Inc. (of Texas), Ohio Security Insurance Company, and Vantapro Specialty Insurance Company

Louisiana Court of Appeal, First Circuit · Filed June 17, 2024

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Opinion text

STATE OF LOUISIANA
COURT OF APPEAL, FIRST CIRCUIT
ANDRES GARCIA-PACHECO NO. 2024 CW 0238
VERSUS
JONATHAN MCGOWAN, SOUTH
TEXAS CELLULAR SERVICES,
INC. SOUTH TEXAS CELLULAR
SERVICES, INC. (OF TEXAS),
OHIO SECURITY INSURANCE
COMPANY, AND VANTAPRO JUNE 17, 2024
SPECIALTY INSURANCE COMPANY

In Re: Ohio Security Insurance Company, applying for
supervisory writs, 21st Judicial District Court,
Parish of Tangipahoa, No. 20231763.

BEFORE: GUIDRY, C.J., CHUTZ AND LANIER, JJ.

WRIT GRANTED. The March 19, 2024 judgment denying the
motion for summary judgment filed by defendant, Ohio Security
Insurance Company, is reversed. Defendant produced evidence
that the Ohio Security policy issued to South Texas Cellular
Services, Inc. expired prior to the date of the collision at
issue. Plaintiff failed to produce evidence sufficient to
establish the existence of a genuine issue of material fact as
to whether a policy of insurance issued by Ohio Security
existed, which policy provided coverage to South Texas Cellular
for the claims alleged, that was in effect at the time of this
collision. See Johnson v. Williams, 2014-0903 (La. App. 4th
Cir. 2/4/15), 160 So.3d 1036. Accordingly, the motion for
summary judgment filed by Ohio Security Insurance Company is
granted and the claims of Andres Garcia-Pacheco asserted against
it are dismissed with prejudice.

JMG
WRC
WIL

COURT OF APPEAL, FIRST CIRCUIT

a.s..O
DEPUTY CLERK OF COURT
FOR THE COURT