Cited by
Opinions in Louisiana that cite Federal Insurance Co. v. Insurance Co. of No. Amer., 263 So. 2d 871.
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Sheila Broussard Guidry v. Ave Maria Rosary & Cenacle, Inc.
La. Ct. App. 3d Cir. 2022
(1972) (Tate, J., concurring); Sylvester v. Fontenot, 10–1115 (La.App.
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Rain Cii Carbon, LLC v. Turner Industries Group, LLC
La. Ct. App. 3d Cir. 2020
Co. of N. Am., (1972)), the supreme court recognized the “long-standing rule” that when “‘a party has been damaged by the conduct of another arising out of a contractual relationship, the former may have two remedies, a suit in contract, or an action in tort, and that he may elect to recover his damages
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Fie, LLC v. New Jax Condo Ass'n, Inc.
241 So. 3d 372
La. Ct. App. 1st Cir. 2018
Co. v. Insurance Co. of North America , , 512, , 872 (1972) ; see also La.
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Wilson v. Two SD, LLC
186 So. 3d 103
La. Ct. App. 1st Cir. 2015
1990); , (1972); Illinois Cent.
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McClellan v. Premier Nissan, L.L.C.
167 So. 3d 934
La. Ct. App. 1st Cir. 2015
Duer & Taylor v. Blanchard, Walker, O’Quin & Roberts, , (1972); Importsales, Inc. v. Lindeman, 231 La.
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Barbara Houssiere v. Asco USA
La. Ct. App. 3d Cir. 2013
We recognize the long-standing rule that „„when a party has been damaged by the conduct of another arising out of a contractual relationship, the former may have two remedies, a suit in contract, or an action in tort, and that he may elect to recover his damages in either of the two actions.‟‟ Federal Insurance Company v. Insurance Company of North America, et al., So.2d 871, 872 (1972).
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Houssiere v. ASCO USA
108 So. 3d 797
La. Ct. App. 1st Cir. 2013
urt held, in pertinent part: We recognize the long-standing rule that "when a party has been damaged by the conduct of another arising out of a contractual *803 relationship, the former may have two remedies, a suit in contract, or an action in tort, and that he may elect to recover his damages in either of the two actions.” Federal Insurance Company v. Insurance Company of North America, et al., , (1972).
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Udomeh v. Joseph
103 So. 3d 343
La. 2012
26B So.2d 871, 875 (1972) (Tate, J., concurring); Sylvester v. Fontenot, 10-1115 (La.App.
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Mentz Construction Services, Inc. v. Poche
87 So. 3d 273
La. Ct. App. 1st Cir. 2012
Co. of North America, , (1972).
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Petchak v. Bossier Parish Police Jury
55 So. 3d 840
La. Ct. App. 2d Cir. 2010
Baugh v. Parish Government Risk Mgmt.
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Louisiana Alligator Wholesale, Inc. v. Prairie Cajun Seafood Wholesale Distributors, Inc.
La. Ct. App. 3d Cir. 2008
(1972), the supreme court addressed this argument, explaining: It has been recognized by this Court on [numerous] occasions that when a party has been damaged by the conduct of another arising out of a [contractual] relationship, the former may have two remedies
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Louisiana Alligator Wholesale, Inc. v. Prairie Cajun Seafood Wholesale Distributors, Inc.
981 So. 2d 929
La. Ct. App. 1st Cir. 2008
(1972), the supreme court addressed this argument, explaining: It has been recognized by this Court on [numerous] occasions that when a party has been damaged by the conduct of another arising out of a [contractual] relationship, the former may have two remedies, a suit in contract, or an act
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Old Spanish Trail Credit Union v. Felix Elbert Sexton, Jr.
La. Ct. App. 3d Cir. 2006
We recognize the long-standing rule that “when a party has been damaged by the conduct of another arising out of a contractual relationship, the former may have two remedies, a suit in contract, or an action in tort, and that he may elect to recover his damages in either of the two actions.” Federal Insurance Company v. Insurance Company of North America, et al., So.2d 871, 872 (1972).
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Old Spanish Trail Credit Union v. Sexton
941 So. 2d 709
La. Ct. App. 1st Cir. 2006
03), , stated: We recognize the long-standing rule that “when a party has been damaged by the conduct of another arising out of a contractual relationship, the former may have two remedies, a suit in contract, or an action in tort, and that he may elect to recover his damages in either of the two actions.” Federal Insurance Company v. Insurance Company of North America, et al., , (1972).
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Grefer v. Alpha Technical
901 So. 2d 1117
La. Ct. App. 4th Cir. 2005
(1972), the Court noted that when one has a contractual relationship with another and claims to have been damaged by the conduct arising out of that contractual relationship, two remedies exist: one in contract and another tort; the damaged party may elect to recover his damages in either tort or contr
- Travis Cooper v. Louisiana Deptartment of Public Works La. Ct. App. 3d Cir. 2004
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Cooper v. La. Dept. of Public Works
870 So. 2d 315
La. Ct. App. 3d Cir. 2004
Co. of N. Am., et al., , (1972).
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Corbello v. Iowa Production
850 So. 2d 686
La. 2003
Federal Insurance Company v. Insurance Company of North America, et al., , (1972).
- Hazelwood Farm, Inc. v. Liberty Oil and Gas Corp. 844 So. 2d 380 La. Ct. App. 3d Cir. 2003
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Trinity Universal Ins. Co. v. Horton
756 So. 2d 637
La. Ct. App. 2d Cir. 2000
(1972), where the court stated: It has been recognized by this Court on numerous occasions that when a party has been damaged by the conduct of another arising out of a contractual relationship, the former may have two remedies, a suit in contract, or an action in tort, and that he may elect to recover
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INS. STORAGE POOL v. Parish Nat. Bank
732 So. 2d 815
La. Ct. App. 1st Cir. 1999
(1972); United Gas Pipe Line Company v. Cargill, Inc., 612 So.2d at 785-786 .
- Baugh v. PARISH GOV'T RISK MANAGEMENT AGENCY 715 So. 2d 645 La. Ct. App. 2d Cir. 1998
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Guste v. Hibernia Nat. Bank in New Orleans
655 So. 2d 724
La. Ct. App. 4th Cir. 1995
In support of their claim that the trial court erred in finding that their petition sounded only in tort, , (1972).
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Ridge Oak Development, Inc. v. Murphy
641 So. 2d 586
La. Ct. App. 4th Cir. 1994
1 Cir.1992); See also: , (1972).
- Potter v. FIRST FEDERAL S & L ASS'N OF SCOTLANDVILLE 615 So. 2d 318 La. 1993
- United Gas Pipe Line Co. v. Cargill, Inc. 612 So. 2d 783 La. Ct. App. 1st Cir. 1992
- Bunge Corp. v. Gatx Corp. 557 So. 2d 1376 La. 1990
- Aetna Cas. and Sur. Co. v. Smith 552 So. 2d 708 La. Ct. App. 3d Cir. 1989
- Stephens v. International Paper Co. 542 So. 2d 35 La. Ct. App. 2d Cir. 1989
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Starns v. Emmons
538 So. 2d 275
La. 1989
Duer & Taylor v. Blanchard, Walker, O'Quin & Roberts, , (1972); Importsales, Inc. v. Lindeman, 231 La.
- Alarcon v. Aetna Cas. and Sur. Co. 538 So. 2d 696 La. Ct. App. 5th Cir. 1989
- Comeaux v. Poindexter 527 So. 2d 1184 La. Ct. App. 3d Cir. 1988
- Richardson v. Hubbs 525 So. 2d 736 La. Ct. App. 1st Cir. 1988
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9 to 5 Fashions, Inc. v. Spurney
520 So. 2d 1276
La. Ct. App. 5th Cir. 1988
(1972); Franklin v. Able Moving & Storage Co., Inc., (1st Cir.1983).
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Starns v. Emmons
524 So. 2d 251
La. Ct. App. 1st Cir. 1988
Duer & Taylor v. Blanchard, Walker, etc., , (1972); Importsales, Inc. v. Lindeman, 231 La.
- Reine v. Grillot 505 So. 2d 1179 La. Ct. App. 5th Cir. 1987
- Aetna Ins. Co. v. Naquin 478 So. 2d 1352 La. Ct. App. 5th Cir. 1986
- Versai Management, Inc. v. Monticello Forest Products Corp. 479 So. 2d 477 La. Ct. App. 1st Cir. 1985
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Yandle v. STAN WEBER AND ASSOC., INC.
466 So. 2d 610
La. Ct. App. 5th Cir. 1985
(1972), our Supreme Court reiterated established guidelines in determining the appropriate prescriptive period in circumstances as are found in the instant case: It has been recognized by this Court on numerous occasions that when a party has been damaged by the conduct of another arising out of a
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Ehrensing v. Stan Weber & Ass'n
466 So. 2d 610
La. Ct. App. 1st Cir. 1985
(1972), our Supreme Court reiterated established guidelines in determining the appropriate prescriptive period in circumstances as are found in the instant case: It has been recognized by this Court on numerous occasions that when a party has been damaged by the conduct of another arising out of a
- Borden, Inc. v. Howard Trucking Co., Inc. 454 So. 2d 1081 La. 1984
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Thompson v. Cane Gardens Apartments
442 So. 2d 1296
La. Ct. App. 3d Cir. 1983
(1972), stated: "It has been recognized by this Court on numerous occasions that when a party has been damaged by the conduct of another arising out of a contractural [sic] relationship, the former may have two remedies, a suit in contract, or an action in tort, and that he may elect to recover his dam
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General American Oil Co. of Texas v. Meche
442 So. 2d 496
La. Ct. App. 1st Cir. 1983
(1972) which provides: “that when a party has been damaged by the conduct of another arising out of a contractual relationship, the former may have two remedies, a suit in contract, or an action in tort, and that he may elect to recover his damages in either of the two actions.” But counsel failed to c
- Gunter v. Plauche 439 So. 2d 437 La. 1983
- Allstate Insurance Co. v. Hartzog Realty & Construction Co. 439 So. 2d 539 La. Ct. App. 1st Cir. 1983
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Franklin v. Able Moving & Storage Co., Inc.
439 So. 2d 489
La. Ct. App. 1st Cir. 1983
(1972); Free v. Franklin Guest Home, Inc., (La.App.
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Julien v. Wayne
415 So. 2d 540
La. Ct. App. 1st Cir. 1982
(1972); Bernard v. Air Logistics, Inc., (La.App.
- Veazey v. WT Burton Industries, Inc. 407 So. 2d 59 La. Ct. App. 3d Cir. 1982
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Bernard v. Air Logistics, Inc.
407 So. 2d 469
La. Ct. App. 1st Cir. 1981
(1972), the Supreme Court said: "It has been recognized by this Court on numerous occasions that when a party has been damaged by the conduct of another arising out of a contractual relationship, the former may have two remedies, a suit in contract, or an action in tort, and that he may elect to r
- Free v. Franklin Guest Home, Inc. 397 So. 2d 47 La. Ct. App. 2d Cir. 1981