Taranto v. Louisiana Citizens Property Insurance Corp.

1,1 dissent from the majority’s holding that the filing of a class action lawsuit suspended the contractual limitations period imposed by Louisiana Citizens Property Insurance Corporation’s (“Citizens”) insurance policy. In my view, La. C.C.P. art. 596 does not apply to a contractual limitations period because it expressly operates to only suspend “liberative prescription.” The majority errs in holding otherwise for several reasons.

First, La. C.C. art. 3471 provides that “[a] juridical act purporting to exclude prescription, to specify a longer period than that established by law, or to make…