Diane Mckernan v. Abc Insurance Company, Aig Property Casualty Company, Brad Bourg [and] Bourg Insurance Agency, Inc.

Supreme Court of Louisiana
November 23, 2021
Chief Deputy Clerk of Court
For the Court
The Supreme Court of the State of Louisiana
DIANE MCKERNAN
VS.
ABC INSURANCE COMPANY, AIG PROPERTY
CASUALTY COMPANY, BRAD BOURG [AND]
BOURG INSURANCE AGENCY, INC.
No. 2021-C-00859
_ _
_ _ _ _
I
N RE: Brad Bourg - Applicant Defendant; Bourg Insurance Agency, Inc. -
Applicant Defendant; Applying For Writ Of Certiorari, Parish of East Baton Rouge,
19th Judicial District Court Number(s) 658,181, Court of Appeal, First Circuit,
Number(s) 2020 CA 0519 C/W 2020 CA 0520;
_ _ _ _ _ _
November 23, 2021
Writ application granted. See per curiam.
Hughes, J., would deny.
Weimer, C. J., recused.
JTG
SJC
WJC
JBM
PDG
11/23/2021 "See News Release 046 for any Concurrences and/or Dissents."

S
UPREME COURT OF LOUISIANA
No
. 2021-C-00859
DI
ANE MCKERNAN
VS.
ABC INSURANCE COMPANY, AIG PROPERTY CASUALTY COMPANY,
BRAD BOURG AND BOURG INSURANCE AGENCY, INC.
O
n Writ of Certiorari to the Court of Appeal, First Circuit, Parish of East Baton
Rouge
PE
R CURIAM:
W
rit granted. This court has held that it is the insured’s obligation to read the
policy when received, since the insured is deemed to know the policy contents.
Seruntine v. State Farm Fire & Cas. Co., 10-1108 (La. 9/3/10), 42 So.3d 968; Isidore
Newman School v. J. Everett Eaves, Inc., 09-2161, p. 12 (La. 7/6/10), 42 So.3d 352,
359. I
n this case , there are no facts under which Ms. McKernan’s claims against
Brad Bourg and Bourg Insurance Agency, Inc. are not perempted. The district court
correctly noted that Ms. McKernan received a copy of the initial insurance policy in
December 2008. Additionally, Ms. McKernan received copies of every yearly
renewal policy covering her property through 2016. A simple review of the initial
policy in 2008, as well as the numerous following renewal policies, would have
revealed 250/100/250 flood coverage limits. Under these circumstances, Ms.
McKernan knew or should have known of the flood policy limits in December 2008
when she received a copy of the initial policy. Moreover, even if we were to consider
the most recent policy renewal date, which occurred in December 2015, plaintiff’s
claims would still be perempted because she did not file suit until May 2017–well
beyond the one -year discovery date set forth in La. R.S. 9:5606. Accordingly, the
11/23/2021

writ is granted. The judgment of the court of appeal is reversed, and the judgment of
the district court sustaining the exception of peremption is reinstated.