Berkley Assurance Co. v. Willis, 274 So. 3d 560 (2019)

May 28, 2019 · Louisiana Supreme Court · No. 2019-CC-511
274 So. 3d 560

BERKLEY ASSURANCE COMPANY
v.
Melissa WILLIS, as Parent/Guardian of Macy Lee Willis, et al.

No. 2019-CC-511

Supreme Court of Louisiana.

May 28, 2019

ON SUPERVISORY WRITS TO THE CIVIL DISTRICT COURT FOR THE PARISH OF ORLEANS

Writ denied.

HUGHES, J., would grant and assigns reasons.

Hughes, J., would grant the writ.

I do not believe an uncertain sum can be the basis for concursus. In any event, the concursus defendants can proceed by *561reconventional demand to ascertain the amount at issue.