Weinberg, Inc. v. Aetna Casualty & Surety Co.

DOMENGEAUX, Judge.

Appellant Weinberg, Inc., instituted suit on October 21, 1971, against defendant-ap-pellee insurer to recover the price of goods lost by theft on March 21, 1970. The insurer had issued a policy in favor of the plaintiff which provided coverage for theft losses. Defendant filed an exception of one year prescription under LSA-R.S. 22:691. It also filed a motion for summary judgment. At the trial of the exception the only evidence adduced was the introduction of the policy itself and the affidavit of Joe Weinberg, an officer of the plaintiff corporation. The trial court…