Cited by

Opinions in Louisiana that cite Mallett v. McNeal, 939 So. 2d 1254.

39 citing documents.

Cynthia Bryan, Aubry Bryan, Jr., Aunya Bryan, and Glenda Bryan v. Louisiana Citizens Property Insurance Corporation as the … La. 2026
Hospitality Management Services, LLC v. Axis Surplus Insurance Company, Firequest Fire Alarm Service Associates, LLC, and Brassco, Inc. La. Ct. App. 4th Cir. 2024
Keotha Robinson v. State Farm Mutual Automobile Insurance Company & Nelwyn Thibodeaux La. Ct. App. 4th Cir. 2023
Rafael Perez Versus James Sholar and Entergy Louisiana, LLC La. Ct. App. 5th Cir. 2022
10/17/06), which held that one form of 22-CA-169 5 acknowledgment that will interrupt the running of prescription is the tacit acknowledgment resulting when the debtor makes an unconditional payment of a portion of the debt.
Ida Peralez v. Hdi Global Specialty Se La. Ct. App. 3d Cir. 2022
Shannon v. Vannoy 251 So. 3d 442 La. Ct. App. 1st Cir. 2018
Duet v. Landry 250 So. 3d 918 La. Ct. App. 1st Cir. 2018
10/17/06), , 1258,] the Louisiana Supreme Court stated that *926 tacit acknowledgment is defined as an act of reparation or indemnity, or actions which lull the plaintiff into believing that the defendant will not contest liability.
Rapheal Guillory, Jr. v. R & R Construction, Inc. La. Ct. App. 3d Cir. 2018
10/17/06), Richardson v. GEICO Indemn.
Guillory v. R&R Constr., Inc. 241 So. 3d 450 La. Ct. App. 1st Cir. 2018
10/17/06), , 1259 ; Richardson v. GEICO Indemn.
Bosley v. Oliphint Enters., LLC 244 So. 3d 692 La. Ct. App. 2d Cir. 2017
10/17/06), ; Riser v. Shelter Mutual Ins.
Benson v. State, Department of Revenue ex rel. Office of Alcohol & Tobacco Control 227 So. 3d 847 La. Ct. App. 3d Cir. 2017
Thompson v. Town of Jonesboro 222 So. 3d 770 La. Ct. App. 1st Cir. 2017
Brittni Castille v. Estate of Trissy Hargrave La. Ct. App. 3d Cir. 2017
10/17/06)], holds that the unconditional payment of property damage interrupts prescription.
Castille v. Estate of Hargrave 216 So. 3d 337 La. Ct. App. 1st Cir. 2017
10/17/06) ], , holds that the unconditional payment of property damage interrupts prescription.
Bethley v. Simmons 201 So. 3d 304 La. Ct. App. 2d Cir. 2016
Mallett v. McNeal, 05-2289 and 05-2322 (La.10/17/06), ; Jackson v. Hicks, 49,199 (La.App.2d Cir.8/13/14), .
Crescent City Property Redevelopment Associates, LLC v. Southern Fidelity Insurance, Inc. 158 So. 3d 100 La. Ct. App. 1st Cir. 2014
Mallett v. McNeal, 05-2289, 05-2322, p. 5 (La.10/17/06), .
Jackson v. Hicks 147 So. 3d 283 La. Ct. App. 2d Cir. 2014
Mallett v. McNeal, 05-2289 (La.10/17/06), .
Coston v. Seo 99 So. 3d 83 La. Ct. App. 1st Cir. 2012
3071-3072; and Mallett v. McNeal, 05-2289 (La.10/17/06), .
Cawley v. National Fire & Marine Insurance Co. 65 So. 3d 235 La. Ct. App. 1st Cir. 2011
Mallett v. McNeal, 2005-2289, p. 5 (La.10/17/06), .
Board of Ethics In re Davies 55 So. 3d 918 La. Ct. App. 1st Cir. 2010
See Mallett v. McNeal, 05-2289, 05-2322, p. 5 (La.10/17/06), .
Richard Duran Armstrong, Et Ux. v. Safeway Ins. Co. La. Ct. App. 3d Cir. 2010
10/17/06), Riser v. Shelter Mutual Insurance Co., 43,617 (La.App.
Armstrong v. Safeway Insurance Co. 47 So. 3d 63 La. Ct. App. 1st Cir. 2010
Citing Mallett v. McNeal, 05-2289 (La.10/17/06), , Riser v. Shelter Mutual Insurance Co., 43,617 (La.App.
Wolfe World, LLC v. Stumpf 43 So. 3d 311 La. Ct. App. 4th Cir. 2010
Mallett v. McNeal, 2005-2289, 2005-2322, p. 5 (La.10/7/06), .
Titus v. IHOP RESTAURANT, INC. 25 So. 3d 761 La. 2009
In Mallett v. McNeal, 05-2289 (La.10/17/06), , the victim of an automobile accident sued the defendant and his insurer for the damages suffered as a result of the accident.
JOINT UNDER. OF AUDUBON INS. CO. v. Johnson 20 So. 3d 528 La. Ct. App. 4th Cir. 2009
While he cites the Supreme Court's decision in Mallet v. McNeil, 2005-2289 (La.10/17/06), , to argue that LCPIC's unconditional tender constituted an acknowledgement sufficient to interrupt prescription pursuant to La.
Louisiana Joint Underwriters of Audubon Insurance v. Johnson 20 So. 3d 528 La. Ct. App. 1st Cir. 2009
While he cites the Supreme Court’s decision in Mallet v. McNeil, 2005-2289 (La.10/17/06), , to argue that LCPIC’s unconditional tender constituted an acknowledgement sufficient to interrupt prescription pursuant to La.
Demma v. Automobile Club Inter-Insurance Exchange 15 So. 3d 95 La. 2009
Most recently, in Mallett v. McNeal, 05-2289, 05-2322 (La.10/17/06), , this court drew upon the foregoing jurisprudence to squarely hold that one form of acknowledgment that will interrupt the running of prescription is the tacit acknowledgment resulting when the debtor makes an unconditional payment of a portion of the debt.
Moore v. Talbot 5 So. 3d 313 La. Ct. App. 1st Cir. 2009
10/17/06), (where the Supreme Court discusses the distinction between an "unconditional payment" and a "settlement").
Kampmann v. Mason 7 So. 3d 675 La. Ct. App. 1st Cir. 2009
Mallett v. McNeal, 05-2289, p. 5 (La.10/17/06), .
Reed v. Mid-States Wood Preservers, Inc. 999 So. 2d 189 La. Ct. App. 2d Cir. 2008
Louisiana Bag Co., Inc. v. Audubon Indem. Co. 999 So. 2d 1104 La. 2008
10/17/06), , in which we most recently recognized in passing the "duty to render unconditional payments to insureds as mandated by La.
Demma v. Automobile Club 998 So. 2d 191 La. Ct. App. 1st Cir. 2008
Mallett *196 v. McNeal, 05-2289, p. 5 (La.10/17/96), .
Riser v. Shelter Mut. Ins. Co. 997 So. 2d 675 La. Ct. App. 2d Cir. 2008
Mallett v. McNeal, 05-2289 (La.10/17/06), .
Lila, Inc. v. Underwriters at Lloyd's, London 994 So. 2d 139 La. Ct. App. 4th Cir. 2008
Lila, citing the Supreme Court's decision in Mallett v. McNeal, 05-2289 (La.10/17/06), , sought to satisfy this burden by arguing that the two unconditional payments for property damage made to it by Lloyd's, the last payment being made on *143 16 August 2006, constituted an acknowledgment of liability sufficient to interrupt prescription, and the two-year contractual period provided for in the Lloyd's
Schneidau v. Alvendia 990 So. 2d 22 La. Ct. App. 4th Cir. 2008
The trial court granted two motions for summary judgment finding that the plaintiff's original cause of action had not prescribed due to the Louisiana Supreme Court's holding in Mallett v. McNeal, 05-2289, 05-2322 (La.10/17/06), *23 .
Fountain v. LaVigne 980 So. 2d 136 La. Ct. App. 4th Cir. 2008
She specifically relied upon the Louisiana Supreme Court's decision in Mallett v. McNeal, 05-2289 (La.10/17/06), .
Riehm v. State Farm Mut. Auto. Ins. Co. 977 So. 2d 1045 La. Ct. App. 5th Cir. 2008
Thus, there was a tacit acknowledgement of the debt, which interrupted prescription under Mallett v. McNeal, 05-2289 (La.10/17/06), .
Boudreaux v. SIMONEAUD GROCERY & MARKET 972 So. 2d 440 La. Ct. App. 3d Cir. 2007
( Cf. Mallett v. McNeal, 05-2289, 05-2322 (La.10/17/06), , where the supreme court held that a liability insurer's issuance of two checks in payment of insured's property damage before suit was filed constituted an acknowledgment sufficient to interrupt prescription thereby making plaintiff's suit timely even though it was filed more than one year after the date of the acci
Darryl Boudreaux v. Simoneaud Grocery & Market, Inc. La. Ct. App. 3d Cir. 2007
10/17/06), where the supreme court held that a liability insurer’s issuance of two checks in payment of insured’s property damage before suit was filed constituted an acknowledgment sufficient to interrupt prescription thereby making plaintiff’s suit timely even though it was filed more than one year after the date of the a