Sevier v. U.S.F. & G.

I respectfully dissent from that portion of the majority’s opinion which made the previously issued writ peremptory and maintained the exception of prematurity as to the defendants’ admitted liability of $59,-000.00.

A suit is premature if it is brought before the right to enforce it has accrued. Prematurity is determined by the facts existing at the time suit is filed and evidence may be considered in determining whether a claim had matured. Fairfield Devl. Co. v. Jackson, 438 So.2d 664 (La.App. 2d Cir. 1983); LSA-C.C.P. art. 423, 930. In Hart v. Springfield Fire & Marine Ins. Co., 136 La.…