Gaffney Ex Rel. Gaffney v. State Farm Fire & Casualty Co.

PER CURIAM: *

Lena Turner Gaffney and James L. Gaffney, on behalf of their minor children, Plaintiffs Amanda Rose Gaffney and Rebecca Ann Gaffney (“Plaintiffs”), appeal the district court’s order dismissing, sua sponte, their case against State Farm Fire and Casualty Company (“State Farm”) for failure to properly allege a right of action. For the following reasons, we vacate the district court’s order and remand.

I. FACTUAL AND PROCEDURAL BACKGROUND

In this case, arising in the aftermath of Hurricane Katrina, Plaintiffs Amanda Rose Gaffney and Rebecca Ann Gaffney, the minor children of State…