Legal Opinion
Felix v. Safeway Insurance Co.
Louisiana Court of Appeal
Decided December 16, 2015No. 2015-CA-0701PublishedCited by 43 opinions
1Opinion of the Court
ROSEMARY LEDET, Judge.
|! This is a suit for uninsured motorist (“UM”) benefits. The insured filed this suit against his insurer two years and three days after the date of the motor vehicle accident. Citing the two-year prescriptive period for UM claims set forth in La. R.S. 9:5629,1 the insurer filed a peremptory exception of prescription. Rejecting the insured’s contention that prescription was suspended as to his claim pursuant to the equitable doctrine of contra non valentem agere nulla currit praes-criptio (“contra non valentem”), the trial court granted the insurer’s exception. For the…
2Cases cited34 opinions
- Carter v. HaygoodSupreme Court of Louisiana · 2005
- Lima v. SchmidtSupreme Court of Louisiana · 1992
- Denoux v. Vessel Management Services, Inc.Supreme Court of Louisiana · 2008
- Corsey v. State, Through Dept. of CorrectionsSupreme Court of Louisiana · 1979
- Plaquemines Par. Com'n Council v. Delta Dev. Co.Supreme Court of Louisiana · 1987
29 more not listed; retrieve them via the Exa API.
3Cited by43 opinions
- Mendoza v. MendozaLouisiana Court of Appeal · 2018
- Boes Iron Works, Inc. v. Gee Cee Group, Inc.Louisiana Court of Appeal · 2016
- Ohle v. UhaltLouisiana Court of Appeal · 2017
- Rivet v. Dep't of PoliceLouisiana Court of Appeal · 2018
- Freeman v. Zara's Food Store, Inc.Louisiana Court of Appeal · 2016
38 more not listed; retrieve them via the Exa API.