LaDonna Allen wife of/and Gary Allen v. Southwest Builders, LLC and Warren Vollenweider

STATE OF LOUISIANA

COURT OF APPEAL, FIRST CIRCUIT

LADONNA ALLEN WIFE OF/ AND NO. 2019 CW 1008
GARY ALLEN

VERSUS

SOUTHWEST BUILDERS, L. L. C. OCT 28 2019
AND WARREN VOLLENWEIDER

In Re: State Farm Fire and Casualty Company, applying for
supervisory writs, 22nd Judicial District Court,
Parish of St. Tammany, No. 201512812.

BEFORE: HIGGINBOTHAM, PENZATO, AND LANIER, JJ.

WRIT GRANTED. The trial court' s July 22, 2019 judgment
the filed
overruling peremptory exception of prescription
by
relator, State Farm Fire and Casualty Company, is reversed. The
amended petition of plaintiffs, Ladonna Allen wife of/ and
Gary
Allen, in this matter did not constitute an interruption of

prescription because they knew of the loss for a period

exceeding two years and failed to file suit against relator

within that two year period from the date of loss pursuant to
the insurance policy, thus, this matter has prescribed.

Therefore, the relator' s peremptory exception of prescription is
granted, and plaintiffs' claims against State Farm Fire and

Casualty Company are dismissed.

TMH

AHP
WIL

COURT OF APPEAL, FIRST CIRCUIT

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FOR THE COURT