Legal Opinion
Louisiana Health Service & Indemnity Co. v. McNamara
Louisiana Court of Appeal
Decided May 16, 1989No. CA 88 0481PublishedCited by 2 opinions
1Opinion of the Court
LeBLANC, Justice.
The dispositive issue in this suit for declaratory judgment is whether the ten year prescriptive period provided for personal actions in La.Civ.Code art. 35441 is applicable to the claims at issue herein.
In its written reasons for judgment, the trial court explained the background of this matter as follows:
This is a case involving the Uniform Disposition of Unclaimed Property Act, LSA-R.S. 9:151 et seq, and the defense of prescription against a claim by the State Department of Revenue that property is presumed abandoned. Plaintiffs [Louisiana Health Service and Indemnity…
2Cases cited10 opinions
- Harman v. LegrandeSupreme Court of Louisiana · 1922
- Turner v. Bankers Shippers Ins. Co., NyLouisiana Court of Appeal · 1939
- M. H. Nahigian, Inc. v. HaddadSupreme Court of Louisiana · 1944
- Jones v. ButlerLouisiana Court of Appeal · 1977
- Aycock v. Republic Insurance CompanyLouisiana Court of Appeal · 1959
5 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Louisiana Health Service and Indemnity Co. v. McNamaraSupreme Court of Louisiana · 1990
- Louisiana Health Service & Indemnity Co. v. McNamaraSupreme Court of Louisiana · 1989