Hollingsworth v. General Accident & Life Insurance

CULPEPPER, Judge.

This is a suit for benefits under a homeowner’s insurance policy which provided coverage against loss due to burglary of the insured premises. The defendant insurer filed an exception of prescription on the grounds that this suit was not filed within one year after plaintiff discovered the loss, as required by the policy. From a judgment sustaining the exception and dismissing his suit, plaintiff appealed.

The substantial issue is whether the trial judge erred in trying and deciding the exception in advance of a trial on the merits.

Plaintiff’s petition alleges that on or about…