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2025 CW 0710 Nonprecedential Writ denied in part and granted in part Processed

James J. Donelon, Commissioner of Insurance for The State of Louisiana v. Americas Insurance Company

Louisiana Court of Appeal, First Circuit · Filed October 7, 2025

Authorities cited

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  • 343 So. 3d 806 not in our corpus
  • 349 So. 3d 8 not in our corpus

Opinion text

STATE OF LOUISIANA
COURT OF APPEAL, FIRST CIRCUIT

JAMES J. DONELON, NO. 2025 CW 0710
COMMISSIONER OF INSURANCE

FOR THE STATE OF LOUISIANA PAGE 1 OF 2
VERSUS

AMERICAS INSURANCE COMPANY
CONSOLIDATED WITH

CADENCE BANK
VERSUS

BILLY BOSTICK, IN HIS

CAPACITY AS RECEIVER FOR

ASSURANCE HOLDING

CORPORATION, ASSURE

UNDERWRITING AGENCY, AND

AMERICAN INSURANCE COMPANY OCTOBER 07, 2025

In Re: Cadence Bank, applying for supervi
Judicial District Court, Parish of §
714982 c/w 717212.

Lsery writs, 19th
st Baton Rouge, No.

BEFORE : McCLENDON, C.J., WOLFE, HESTER, GREENE, AND STROMBERG,
JJ.

WRIT DENIED IN PART AND GRANTED IN PART. The portions of the
district court’s May 28, 2025 judgment which granted the motion to
strike filed by Tim Temple, Commissioner of Insurance for the State
of Louisiana, in his capacity as Liquidator of Americas Insurance
Company, Inc., Assure Holding Corporation, and Assure Underwriting
Agency, LLC, and his duly appointed Receiver, Billy Bostick and
ordered that certain persons and/or entities not be listed on the
jury verdict form and rendered judgment on contribution rights is
vacated. Louisiana Code of Civil Procedure article 964 provides
that a court on motion of a party or on its own motion may at any
time and after a hearing order stricken from any pleading any
insufficient demand or defense or any redundant, immaterial,
impertinent, or scandalous matter. Louisiana jurisprudence has
consistently held that the purpose of a motion to strike is to be
a means of clearing up the pleadings, not a means of eliminating
causes of action or substantive allegations. Thurman v. Aguilar,
2021-1513 (La. App. ist Cir. 6/22/22), 343 So.3d 806, 813, writ
denied, 2022-01109 (La. 11/1/22) 349 So.3d 8. The trial court
abused its discretion by granting relief that went beyond the
purpose of a motion to strike. In all other respects, the writ is
denied.

CHH
HG
TPS

p. 2

STATE OF LOUISIANA
COURT OF APPEAL, FIRST CIRCUIT

NO. 2025 CW 0710

PAGE 2 OF 2

McClendon, C.J., and Wolfe, J., dissent and would deny the
writ. The criteria set forth in Herlitz Construction Co., Ine.
v. Hotel Investors of New Iberia, Inc., 3°26 So.2da 878 (La. 1981)
(per curiam), are not met.

COURT OF APPEAL, FIRST CIRCUIT