On May 23, 2023, Gonzalo Juarez filed a complaint in the Civil District Court of Orleans Parish against Redpoint County Mutual Insurance Company, Anthony Turner, Go Auto Insurance, and Embark General Insurance Adjusters LLC. The complaint stems from a hit-and-run accident that occurred on March 23, 2021, in New Orleans, Louisiana.
According to the complaint, Mr. Juarez was struck from behind by Anthony Turner while traveling in New Orleans. The incident caused substantial injuries to Mr. Juarez. He claims that Redpoint issued an insurance policy to Ms. Silvia Funez Ochoa, under which he is named as an additional insured. "Upon information and belief," the petition states, "Redpoint provides liability and uninsured/underinsured motorist insurance coverage for Plaintiff Gonzalo Juarez."
On January 30, 2023, Redpoint filed a motion for summary judgment asserting that there are no genuine issues of material fact regarding its coverage obligations under the terms of its policy. Redpoint argued that UM (Uninsured/Underinsured Motorist) coverage was validly waived by the primary policyholder, Ms. Ochoa. According to Redpoint, Texas law should apply since the policy was issued and executed in Texas.
Mr. Juarez opposed this motion by arguing that Louisiana law should govern the case and contended that Ms. Ochoa's waiver of UM coverage is invalid under Louisiana law. He also alleged that he had requested a new separate policy for his vehicle but was instead added to Ms. Ochoa’s existing policy without his consent.
The trial court granted Redpoint’s motion for summary judgment on May 23, 2023, dismissing all claims against it with prejudice. Mr. Juarez subsequently filed a “Motion for Reconsideration and/or New Trial and Motion for Continuance,” which was denied by the trial court on May 19, 2023.
In his appeal brief to the Court of Appeal Fourth Circuit State of Louisiana dated May 16, 2024, Mr. Juarez focuses on whether the trial court erred in granting Redpoint’s motion for summary judgment rather than addressing his motion for a new trial directly.
The appellate court reviewed whether Texas or Louisiana law should apply to determine if there was a valid waiver of UM coverage by Ms. Ochoa under Texas law versus Louisiana law requirements for such waivers.
Ultimately, the appellate court affirmed the trial court's decision favoring Redpoint's motion for summary judgment after considering both states' laws and determining that Texas law applied due to where the insurance policy was negotiated and executed.
The case is presided over by Judge Monique E. Barial with Judges Tiffany Gautier Chase and Sandra Cabrina Jenkins also involved in appellate review.