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MALLETT v. McNEAL

Nos. 2005-CC-2289, 2005-CC-2322.

939 So.2d 1254 (2006)

Jason MALLETT v. Paola McNEAL and United Services Automobile Association. Charles Richey and Barbara Richey v. Infinity Insurance Company, Kameron E. Dixon and Keith Dixon.

Supreme Court of Louisiana.

October 17, 2006.

Attorney(s) appearing for the Case

Seale, Smith, Zuber & Barnett, Valerie B. Bargas, Brent E. Kinchen, Baton Rouge, for Applicant in (2005-CC-2289).

Leonard Cardenas, III, Baton Rouge, for Respondent in (2005-CC-2289).

Bolen, Parker & Brenner, Michael D. Hislop, Alexandria, for Applicant in (2005-CC-2322).

John R. Flynn, Jr., for Respondent in (2005-CC-2322).

KIMBALL, J.

We granted certiorari and consolidated these two cases to determine whether the insurance companies' actions with regard to the property damage claims of third party claimants qualified as acknowledgments sufficient to interrupt prescription or qualified as settlements, as the term is used in La. R.S. 22:661. For the reasons that follow, we hold that an unconditional payment of a property damage claim constitutes an acknowledgment sufficient to interrupt...

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