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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