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WOOLEY v. LUCKSINGER

Nos. 2006 CA 1167, 2006 CA 1168, 2006 CA 1169.

961 So.2d 1228 (2007)

J. Robert WOOLEY, Commissioner of Insurance for the State of Louisiana in his Capacity as Liquidator of Amcare Health Plans of Louisiana, Inc. v. Thomas S. LUCKSINGER, Michael D. Nadler, Stephen J. Nazarenus, Scott Westbrook, Michael K. Jhin, William F. Galtney, John P. Mudd, Executive Risk Indemnity, Inc., Executive Risk Management Associates, Executive Risk Specialty Insurance Company, Executive Liability Under Writers Greenwich Insurance Company, Amcareco, and Amcare Management Inc. J. Robert Wooley, Commissioner of Insurance for the State of Louisiana, in his Capacity as Liquidator for Amcare Health Plans of Louisiana, Inc. v. Foundation Health Corporation, Foundation Health Systems, Inc., and Health Net, Inc. J. Robert Wooley, Commissioner of Insurance for the State of Louisiana, as Liquidator for Amcare Health Plans of Louisiana, Inc., in Receivership v. Pricewaterhousecoopers, LLP.

Court of Appeal of Louisiana, First Circuit.

May 4, 2007.

Attorney(s) appearing for the Case

Edward J. Walters, Jr., Joseph E. Cullens, Jr., Baton Rouge, Counsel for Plaintiff — Appellee J. Robert Wooley, Commissioner of Insurance.

Guy M. Hohmann, Austin, TX, Counsel for Plaintiff — Appellee J. Robert Wooley, Commissioner of Insurance.

David M. Latham, Keary L. Everitt, New Orleans, Counsel for Third Party Defendant — Appellee Louisiana Department of Insurance.

Leon Gary, James C. Percy, Brandon K. Black, David M. Kerth, Baton Rouge, Counsel for Defendant — Appellant Health Net, Inc.

Robert B. Bieck, Jr., Sarah B. Belter, New Orleans, Counsel for Defendant — Appellant Health Net, Inc.

Before: CIACCIO, LANIER and CLAIBORNE, JJ.

LANIER, J.

Defendant, Health Net, Inc. (Health Net), seeks appellate review of a judgment sustaining a peremptory exception raising the objection of no cause of action to its third party demand against the Louisiana Department of Insurance (DOI) and dismissing the third party demand with prejudice. For the following reasons, we affirm the judgment dismissing the third party demand and that portion of the judgment that dismissed the detrimental reliance cause of action...

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