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ATLAS IRON AND METAL CO. v. ASHY

No. 05-458.

918 So.2d 1205 (2006)

ATLAS IRON AND METAL COMPANY v. D. Warren ASHY.

Court of Appeal of Louisiana, Third Circuit.

January 4, 2006.

Attorney(s) appearing for the Case

Henry James Miltenberger, Jr., Covington, LA, for Defendant/Appellee, Gilsbar, Inc.

William H. Parker, III, Allen & Gooch, Lafayette, LA, for Defendants/Appellees, Westport Insurance Company and D. Warren Ashy.

George Febiger Riess, New Orleans, LA, for Plaintiff/Appellant, Atlas Iron and Metal Company.

Court composed of ULYSSES GENE THIBODEAUX, Chief Judge, BILLY HOWARD EZELL, and J. DAVID PAINTER, Judges.

THIBODEAUX, Chief Judge.

Plaintiff, Atlas Iron and Metal Company ("Atlas"), appeals a trial court judgment which dismissed a legal malpractice claim against Defendant, D. Warren Ashy, on the basis of peremption pursuant to La.R.S. 9:5605. Atlas avers that it did not have actual or constructive knowledge of Mr. Ashy's failure to investigate insurance coverage a year before its lawsuit was filed and that its cause of action accrued only when actual and appreciable damages...

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