Bates v. Allstate Insurance Co.

JAMES F. McKAY, III, Judge.

Lin this case, which involves a Hurricane Katrina insurance claim, the plaintiffs, James E. Bates, Jr. and Patricia C. Bates, appeal the trial court’s granting of an exception of peremption in favor of the defendants, Frank B. Capella, III and Allstate Insurance Company. We affirm.

FACTS AND PROCEDURAL HISTORY

James and Patricia Bates first purchased insurance policies from Allstate through Allstate agent Frank B. Capella, III in 1994. In March of 2005, Mr. Bates called Mr. Capella to discuss a change in the hurricane deductible. During this conversation, Mr. Bates…