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J.W. WARREN & ASSOCIATES v. AUDUBON INS.

No. 93-1650.

638 So.2d 1241 (1994)

J.W. WARREN & ASSOCIATES, et al., Plaintiffs-Appellants, v. AUDUBON INSURANCE CO., et al., Defendants-Appellees.

Court of Appeal of Louisiana, Third Circuit.

July 6, 1994.

Attorney(s) appearing for the Case

Michael L. Thiel, Hammond, for J.W. Warren & Associates, et al.

Michael J. Juneau, Lafayette, for Audubon Ins. Co., et al.

James W. Schwing, New Iberia, for New Iberia Bank.

Before KNOLL, THIBODEAUX and SAUNDERS, JJ.

KNOLL, Judge.

This appeal concerns the applicable prescriptive period on an action arising out of the failure of Audubon Insurance, Co. (Audubon) to properly pay the proceeds from a fire insurance policy to J.W. Warren & Associates (Warren). New Iberia Bank (Bank) received all of the proceeds and was also named as a defendant. Plaintiffs' suit was dismissed on a preemptory exception of prescription after the trial court found the 1 year period of LSA-R.S. 22:691F...

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