Terry Vascocu v. Privilege Underwriters Reciprocal Exchange, Katherine Clark Boyce and State Farm Mutual Automobile Insurance Company

STATE OF LOUISIANA
COURT OF APPEAL, FIRST CIRCUIT

TERRY VASCOCU NO. 2025 CW 0343
VERSUS

PRIVILEGE UNDERWRITERS
RECIPROCAL EXCHANGE,
KATHERINE CLARK BOYCE, AND
STATE FARM MUTUAL AUTOMOBILE

INSURANCE COMPANY JULY 14, 2025

In Re: Terry Vascocu, applying for supervisory writs, 18th
Judicial District Court, Parish of West Baton Rouge, No.
1049447.

BEFORE: HESTER, EDWARDS, AND BALFOUR, JJ.

WRIT GRANTED WITH ORDER. The trial court’s February 28, 2025
judgment, which granted the exceptions of no cause of action and
no right of action filed by defendant, Privilege Underwriters
Reciprocal Exchange, and ordered that “Plaintiff's claims against
Privilege Underwriters Reciprocal Exchange (PURE), are dismissed...”
is a final, appealable judgment pursuant to Louisiana Code of Civil
Procedure article 1915(A) (1). Therefore, the writ is granted for
the limited purpose of remanding this matter to the trial court
with instructions to grant an appeal to plaintiff, Terry Vascocu,
pursuant to the pleading that notified the trial court of
plaintiff's intention to seek writs. see In re Howard, 541 So.2d
195, 197 (La. 1989) (per curiam). Additionally, a copy of this
court’s order is to be included in the appellate record.

CHH
BDE

Balfour, J., would reverse the trial court’s February 28,
2025 judgment which granted the exceptions of no cause and no right
of action. La. R.S. 22:1269(B) (1) (b) provides an exception to the
limitation on direct actions against the insurer when the insured
is insolvent. Plaintiff’s petition made sufficient allegations as
to insolvency of the insured. Accordingly, I would grant the writ
and deny the exceptions of no cause and no right of action filed
by the insurer, Privilege Underwriters Reciprocal Exchange.

COURT OF APPEAL, FIRST CIRCUIT

Y CLERK OF COURT
OR THE COURT