Patrick Gambel and his wife, Grace Gambel v. Louisiana Insurance Guaranty Association

PATRICK GAMBEL AND HIS WIFE, NO. 2026 CW 1096
GRACE GAMBEL

VERSUS

LOUISIANA INSURANCE GUARANTY
ASSOCIATION AND SOUTHERN

FIDELITY INSURANCE COMPANY AUGUST 25, 2026

In Re: Louisiana In,,---
3u-- ance Guaranty Association, applying for
21st Judicial District Court, Parish
supervisory writs,
of Tangipahoa., No. 20230000494.

BEFORE: THERIOT, GREENE, AND EDWARDS, JJ.

WRIT GRANTED WITH ORDER. The trial court' s August 17, 2026
judgments denying Louisiana Insurance Guaranty Association' s

LIGA") Ex Parte Motion and Order for Jury Trial Without Bond
Pursuant to La. R. S. 13: 4581 and Motion and Order for Status
Conference to Set a New Trial LIGA timely filed
Date are reversed.

its request for a jury trial within its answer on March 28, 2023,
pursuant to La. Code Civ. P. art. 1734. LIGA owed no duty to post
a jury bond in accordance with La. R. S. 13: 4581. Further, LIGA

never filed a written motion to withdraw the jury trial request.
See La. Code Civ. P. art. 1733 ( B) . A litigant' s right to a jury
trial is fundamental ial-i character, and courts will indulge every
presumption against waiver, loss, or forfeiture thereof. Adams v.

City of Baton Rouge, 95- 2515 ( La. App. 1st Cir. 4/ 30/ 96), 673 So. 2d
624, writ denied, 96- 1491 ( La. 9/ 20/ 96), 679 So. 2d 439, and writ

denied, 96- 1492 ( La. 9/ 20/ 96), 679 So. 2d 439. We find LIGA has not
waived its right to a Jury trial. This matter is remanded to the
trial court with instructions to schedule this matter for jury
trial.

I

COURT OF APPEAL, FIRST CIRCUIT

CkK4 ;
I tEPUTY- CE OF COURT
FOR THE COURT