Opinion
2022 CW 0552
09-19-2022
KEEYON SMART, JUWANE SMART, AND DEMOND SMART v. BENNIE WALKER, III
In Re: Freeway Insurance Services America, LLC, applying for supervisory writs, 19th Judicial District Court, Parish of East Baton Rouge, No. 673444.
BEFORE: WHIPPLE, C.J., GUIDRY AND WOLFE, JJ.
WRIT GRANTED.
Relator, Freeway Insurance Services America, LLC, filed a motion for summary judgment and pointed out the absence of factual support for one or more elements essential to plaintiffs' claim that relator provided to insurance coverage to Bennie Walker, III, at the time of the collision at issue. As the parties seeking coverage under an insurance policy, plaintiffs had the burden of proving the existence of coverage, which included proving that the defendant was insured by the policy at issue. See Beavers v. Hanover Ins. Co., 2021-0070 (La.App. 1st Cir. 10/8/21), 331 So.3d 340, 343. Plaintiffs failed to meet their burden of producing factual support sufficient to establish the existence of a genuine issue of material fact as to insurance coverage. Accordingly, we hereby grant the writ application and reverse the judgment of the trial court dated April 29, 2022, which denied relator's motion for summary judgment, and render judgment dismissing the plaintiffs' claims against Freeway Insurance Services America, LLC, with prejudice.
VGW
JMG
EW