Opinion
NO. 2018 CW 0284
07-19-2018
TERRI WHITFIELD SWARNER v. HENRY D.H. OLINDE, JR., OLINDE & MERCER, LLC AND ATTPRO RRG
In Re: AttPro RRG, applying for supervisory writs, 19th Judicial District Court, Parish of East Baton Rouge, No. 650794. BEFORE: McDONALD, McCLENDON AND HOLDRIDGE, JJ.
WRIT DENIED.
GH
JMM
McClendon, J., concurs and would deny the writ on the showing made. The exception of no right of action does not raise the question of the plaintiff's ability to prevail on the merits nor whether the defendant has a valid defense. OXY USA Inc. v. Quintana Prod. Co., 2011-0047 (La. App. 1st Cir. 10/19/11),79 So.3d 366, 376. Since the lack of insurance coverage is a defense, an exception of no right of action is not the proper procedural vehicle to challenge insurance coverage. COURT OF APPEAL, FIRST CIRCUIT /s/_________
DEPUTY CLERK OF COURT
FOR THE COURT