FEDERAL INSURANCE CO. v. INSURANCE CO. OF NORTH AMER.

No. 3547.

252 So.2d 184 (1971)

FEDERAL INSURANCE COMPANY, Plaintiff & Appellant, v. INSURANCE COMPANY OF NORTH AMERICA et al., Defendants & Appellees.

Court of Appeal of Louisiana, Third Circuit.

Rehearing Denied September 23, 1971.

Writ Granted October 28, 1971.


Attorney(s) appearing for the Case

Gist, Methvin & Trimble, by David Hughes, Alexandria, for plaintiff-appellant.

Stafford, Pitts & Bolen, by James A. Bolen, Jr., Alexandria, for defendants-appellees.

Before FRUGÉ, SAVOY and CULPEPPER, JJ.


CULPEPPER, Judge.

This is a suit for damages to leased equipment. Plaintiff is the alleged conventional subrogee of the lessor. Defendants are the lessee and its insurer. Defendants' exception of prescription of one year was sustained, and plaintiff's suit dismissed. Plaintiff appealed.

The principal issue is whether plaintiff's suit is in tort or in contract. If it is in tort, it is prescribed. If it is in contract, the prescription is ten years, and the...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases