Susan Dever And Mark Dever v. Berkshire Hathaway Homestate Insurance Company, Et Al.

Supreme Court of Louisiana
February 28, 2025
Chief Deputy Clerk of Court
For the Court
The Supreme Court of the State of Louisiana
SUSAN DEVER AND MARK DEVER
VS.
BERKSHIRE HATHAWAY
HOMESTATE INSURANCE COMPANY,
ET AL.
No. 2024-CC-01582
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I
N RE: Susan Dever, et al. - Applicant Plaintiff; Susan Dever - Applicant Plaintiff;
Mark Dever - Applicant Plaintiff; Applying For Writ Of Certiorari, Parish of
Calcasieu, 14th Judicial District Court Number(s) 2023- 3716 F, Court of Appeal,
Third Circuit, Number(s) CW 24-00514;
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February 28, 2025
Writ application granted. See per curiam.
WJC
JLW
JDH
JTK
JBM
PDG
JMG
02/28/2025 "See News Release 008 for any Concurrences and/or Dissents."

SUPREME COURT OF LOUISIANA
No. 2024-CC-01582
SUSAN DEVER AND MARK DEVER
VS.
BERKSHIRE HATHAWAY HOMESTATE INSURANCE COMPANY, ET
AL.
On Writ of Certiorari to the Court of Appeal, Third Circuit, Parish of Calcasieu
PER CURIAM
Granted. Plaintiffs’ timely suit against their uninsured motorist carrier had
the effect of interrupting prescription against all solidary obligors. See La. Code
Civ. P. art. 76; Hoefly v. Government Employees Ins. Co., 418 So. 2d 575, 578 (La.
1982).
Accordingly, the judgment of the court of appeal is reversed, and the judgment
of the district court denying the exception of prescription is reinstated. The case is
remanded to the district court for further proceedings.