James Hornbeak, Jr. v. Fednat Insurance Company And Louisiana Insurance Guaranty Association
James Hornbeak, Jr. v. Fednat Insurance Company And Louisiana Insurance Guaranty Association, No. 2025-CC-00108 (La. Apr. 8, 2025).
Opinion text
Supreme Court of Louisiana
April 08, 2025
Chief Deputy Clerk of Court
For the Court
The Supreme Court of the State of Louisiana
JAMES HORNBEAK, JR.
VS.
FEDNAT INSURANCE COMPANY AND
LOUISIANA INSURANCE GUARANTY
ASSOCIATION
No. 2025-CC-00108
_ _
_ _ _ _
IN
RE: Louisiana Insurance Guaranty Association - Applicant Defendant; Applying
For Supervisory Writ, Parish of Orleans Civil, Civil District Court Number(s) 2022-
03744, Court of Appeal, Fourth Circuit, Number(s) 2024-C-0734;
_ _ _ _ _ _
April 08, 2025
Writ application granted. See per curiam.
Hughes, J., dissents and would deny.
CRC
JLW
WJC
JBM
PDG
JMG
04/08/2025 "See News Release 016 for any Concurrences and/or Dissents."
SUPREME COURT OF LOUISIANA
No. 2025-CC-00108
JAMES HORNBEAK, JR.
VS.
FEDNAT INSURANCE COMPANY AND LOUISIANA INSURANCE
GUARANTY ASSOCIATION
On Supervisory Writ to the Civil District Court, Parish of Orleans Civil
PER CURIAM
Granted. The district court erred in granting plaintiff’s “Motion to
Confirm and Enforce Appraisal Award.” The policy’s Special Provisions -
Louisiana Endorsement” clearly provides, “[a]ny outcome of the appraisal
will not be binding on either party.”
Accordingly, the September 16, 2024 judgment of the district court is
reversed. The case is remanded to the district court for further proceedings.