Legal Opinion
Dixey v. Allstate Insurance
District Court, E.D. Louisiana
Decided January 8, 2010No. Civil Action 09-4443PublishedCited by 2 opinions
1Opinion of the Court
ORDER AND REASONS
MARTIN L.C. FELDMAN, District Judge.
Before the Court is the defendant’s Rule 12(c) motion for judgment on the pleadings under its insurance policy’s contractual limitation period. For the following reasons, the motion is GRANTED. At issue is whether the filing of a short-lived class action can, under Louisiana law, interrupt a contractual limitations period. The issue is a novel one.
Background
This is a Katrina insurance claim case. Robert H. Dixey, II, the plaintiff, is the owner of property at 5601 Canal Boulevard in New Orleans. Mr. Dixey insured his property with Allstate.…
2Cases cited28 opinions
- Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
- Erie Railroad v. TompkinsSupreme Court of the United States · 1938
- In Re Katrina Canal Breaches LitigationCourt of Appeals for the Fifth Circuit · 2007
- Collins v. Morgan Stanley Dean WitterCourt of Appeals for the Fifth Circuit · 2000
- Great Plains Trust Co. v. Morgan Stanley Dean Witter & Co.Court of Appeals for the Fifth Circuit · 2002
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3Cited by2 opinions
- Taranto v. Louisiana Citizens Property Insurance Corp.Supreme Court of Louisiana · 2011
- Taranto v. Louisiana Citizens Property Insurance Corp.Supreme Court of Louisiana · 2011