Huberto Martinez v. American Transport Group Risk Retention Group, Inc., Salah Dahir and Starr Carriers, LLC C/W Ada…

Summary

The court held that an insurer need not post security exceeding its contractual policy limits to obtain a suspensive appeal of the portion of a judgment for which it may be liable. Because the judgment exceeded the policy limit, the insurer could suspend execution up to that limit and pursue a devolutive appeal as to the remainder, while the appeal order continued to reflect the full judgment amount. The matter was remanded for amendment of the appeal order and further proceedings.