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FOR IMMEDIATE NEWS RELEASE
NEWS RELEASE # 26
FROM: CLERK OF SUPREME COURT OF LOUISIANA
The Opinions handed down on the 8th day of April, 2008, are as follows:
BY WEIMER, J.:
2007-CA-1680
SOUTHERN SILICA OF LOUISIANA, INC. AND MID STATE SAND AND GRAVELCOMPANY, L.L.C. v. LOUISIANA INSURANCE GUARANTY ASSOCIATION(Parish of
E. Baton Rouge)The judgments of the lower courts are reversed.  This court decrees that Southern Silica is entitled to indemnity for the years 1977 through 1982from LIGA, but only after the pro rata shares of all insurers thatprovided coverage in the Louisiana suits against Southern Silica aredetermined by judgment or settlement.  Because LIGA also owes Southern Silica a defense for the 1977-1982 time period, indemnification fordefense costs borne by Southern Silica can be recovered from LIGA uponproper proof thereof.REVERSED AND RENDERED.
KNOLL, J., concurs in result.
04/08/08


SUPREME COURT OF LOUISIANA
No. 07-CA-1680

SOUTHERN SILICA OF LOUISIANA, INC. and
MID STATE SAND AND GRAVEL COMPANY, LLC.
VERSUS
LOUISIANA INSURANCE GUARANTY ASSOCIATION

On Appeal from the Court of Appeal,
First Circuit, Parish of East Baton Rouge


WEIMER, Justice
Upon application by the defendant, we docketed review of this declaratory judgment action as an appeal. Southern Silica of Louisiana, Inc. v. Louisiana Insurance Guaranty Association, 07-1680 (La. 12/7/07), 969 So.2d 615.  This court exercises its appellate jurisdiction under La. Const. art. V,

Download 07CA1680.opn.pdf

Louisiana Law