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HOLT v. STATE FARM FIRE & CAS. CO.

No. 09-30795.

627 F.3d 188 (2010)

Eric HOLT, Plaintiff-Appellee, v. STATE FARM FIRE & CASUALTY CO., Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

November 30, 2010.

Attorney(s) appearing for the Case

Michael Charles Darnell (argued), Muray, Darnell & Associates, New Orleans, LA, for Holt.

Henry Gerard Terhoeve , Stephen Dale Cronin (argued), Guglielmo, Marks, Schutte, Terhoeve & Love, Baton Rouge, LA, for Defendant-Appellant.

Before BARKSDALE, STEWART and SOUTHWICK, Circuit Judges.

CARL E. STEWART, Circuit Judge:

We are asked in this appeal to consider whether a prescriptive statute in Louisiana retroactively applies to Plaintiff-Appellee Eric Holt's cause of action. Holt's home in New Orleans, Louisiana suffered extensive fire damage in January 2007, and he sought to recover payment under his homeowners policy with Defendant-Appellant State Farm Fire & Casualty Company (State Farm). Dissatisfied with State Farm's response to his claim,...

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