Legal Opinion
Federal Insurance Co. v. Insurance Co. of North America
Louisiana Court of Appeal
Decided August 20, 1971No. 3547PublishedCited by 4 opinions
1Opinion of the Court
CULPEPPER, Judge.
This is a suit for damages to leased equipment. Plaintiff is the alleged conventional subrogee of the lessor. Defendants are the lessee and its insurer. Defendants’ exception of prescription of one year was sustained, and plaintiff’s suit dismissed. Plaintiff appealed.
The principal issue is whether plaintiff’s suit is in tort or in contract. If it is in tort, it is prescribed. If it is in contract, the prescription is ten years, and the suit is timely.
No evidence was taken at the trial of the exception. The facts set forth here are those alleged in plaintiff’s petition. In…
2Cases cited3 opinions
- Importsales, Inc. v. LindemanSupreme Court of Louisiana · 1957
- Davis v. Le BlancLouisiana Court of Appeal · 1963
- Harper v. Metairie Country ClubSupreme Court of Louisiana · 1971
3Cited by4 opinions
- Federal Insurance Co. v. Insurance Co. of No. Amer.Supreme Court of Louisiana · 1972
- State Farm Fire & Casualty Co. v. Sentry Indem. Co.Louisiana Court of Appeal · 1975
- Federal Insurance Co. v. Insurance Co. of No. Amer.Supreme Court of Louisiana · 1972
- Federal Insurance Co. v. Insurance Company of North AmericaSupreme Court of Louisiana · 1971