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STEWART v. CONTINENTAL CAS. CO., INC.

No. 2011 CA 0505.

79 So.3d 1047 (2011)

Anita STEWART and Craig Stewart v. CONTINENTAL CASUALTY COMPANY, INC.

Court of Appeal of Louisiana, First Circuit.

November 9, 2011.

Attorney(s) appearing for the Case

Dale R. Baringer , Benjamin J.B. Klein , Aaron D. Long , Baton Rouge, LA, for Plaintiffs/Appellants Anita Stewart and Craig Stewart.

David S. Daly , Elliot M. Lonker , Metairie, LA, for Defendant/Appellee Continental Casualty Company.

Paul H. Spaht , Keith J. Fernandez , Baton Rouge, LA, for Defendant/Appellee Kathy D. Underwood.

Before GAIDRY, McDONALD, and HUGHES, JJ.

HUGHES, J.

This is an appeal from a judgment dismissing the plaintiffs' legal malpractice suit against the defendant attorney and her insurer on the basis of peremption. For the reasons that follow, we affirm.

FACTS AND PROCEDURAL HISTORY

On March 4, 2008 Anita Stewart and Craig Stewart filed the instant suit under Louisiana's Direct Action Statute, LSA-R.S. 22:1269 (formerly LSA-R.S. 22:655), against Continental Casualty Company ("Continental")...

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