Reserve Insurance Company v. Fabre

HAWTHORNE, Justice.

In the district court the plaintiff Reserve Insurance Company obtained a judgment for $1113.74 against the defendant Wilbur J. Fabre. On appeal the Court of Appeal, First Circuit, annulled and set aside this judgment, sustained a plea of prescription of one year, and dismissed the suit. See La.App., 140 So.2d 438. On application of plaintiff we granted certiorari.

The factual situation out of which this litigation arose is somewhat complicated, even involving an earlier lawsuit in which the plaintiff insurer was a party. This insurance company issued a collision insurance…