Thiel v. State Farm Mutual Automobile Insurance Co.

hi respectfully disagree with sustaining State Farm’s exception of no right of action. I would overrule the exception of no *379right of action and address the merits of the issues raised on appeal.

An exception of no right of action tests whether the party seeking relief has a real and actual interest in the action. Hood v. Cotter, 08-0215 (La.12/2/08); 5 So.3d 819, 829. The function of the exception of no right of action is to determine whether the party belongs to the class of persons to whom the law grants the cause of action asserted. Id. An exception of no right of action assumes there is a…