extended doctrine in Louisiana

1958In this case the Court stated: "A review of the jurisprudence on the maxim, `contra non valentem, agere non currit prescriptio,' appears in Hyman v. Hibernia Bank & Trust Co., 139 La. 411 , 71 So. 598, 602 , and the Court extended the doctrine to apply to a case where the inability of plaintiff to act was brought about by the ill practices of the defendants, as otherwise the defendants would have benefited by their own wrong, a thing inadmissible in law.

1958In this case the Court stated: "A review of the jurisprudence on the maxim, `contra non valentem, agere non currit prescriptio,' appears in Hyman v. Hibernia Bank & Trust Co., 139 La. 411 , 71 So. 598, 602 , and the Court extended the doctrine to apply to a case where the inability of plaintiff to act was brought about by the ill practices of the defendants, as otherwise the defendants would have benefited by their own wrong, a thing inadmissible in law.

2008Bennett, 814 So.2d at 684 .

2008Paul policy relying on Hedgepeth, 691 So.2d 1355 . [9] A third motion for a summary judgment was filed in which the Board sought a determination that Dr. Krupkin was not a qualified health care provider under the MMA because Dr. Krupkin had failed to pay a surcharge deemed due by the Board as applicable to the extended claim period resulting from our holding in Hedgepeth .

2005Whitney v. Graves, 299 U.S. 366 , 57 S.Ct. 237 , 81 L.Ed. 285 (1937).

2005Whitney v. Graves, 299 U.S. 366 , 57 S.Ct. 237 , 81 L.Ed. 285 (1937).

1994In Kinchen v. Dixie Auto Insurance Co., 343 So.2d 263 (La.App. 1st Cir.1977), writ denied, 344 So.2d 1057 (La.1977), the court extended the rule, that delayed notice to the insurer does not forfeit coverage in the absence of prejudice to the insurer, to a claim for UM coverage based on a hit and run accident.

1994In Kinchen v. Dixie Auto Insurance Co., 343 So.2d 263 (La.App. 1st Cir.1977), writ denied, 344 So.2d 1057 (La.1977), the court extended the rule, that delayed notice to the insurer does not forfeit coverage in the absence of prejudice to the insurer, to a claim for UM coverage based on a hit and run accident.

1987Itself an action for professional services, Friede notes that its plaintiff's entitlement "must be determined on a quantum meruit basis." 177 So. at 107 .

1940Bond v. Register of Conveyances, the court extended the rule,, thus [ 162 La. 362 , 110 So. 560 ]: “If the registry of an alleged contract by the owner of land to sell it to another person should compel that owner to resort to a direct action for the rescission of the contract, there would be no end to-such lawsuits.” In the phrase “an alleged contract” the court had reference to that which was not in truth a completed contract.

1938The court held that the statute applied to an application, whether made in connection with the original issuance or in connection with the effort to “establish” the policy later and that it would have been proper for the company to have refused to “establish” except upon the production of the policy in order that the application might be attached to it: “ * * * The company could have regained possession of the policy and indorsed upon or attached to it any document that the company might have desired should form part of the contract.” In Eddins v. National Life & Accident Insurance Company, 17

1938The court held that the statute applied to an application, whether made in connection with the original issuance or in connection with the effort to “establish” the policy later and that it would have been proper for the company to have refused to “establish” except upon the production of the policy in order that the application might be attached to it: “ * * * The company could have regained possession of the policy and indorsed upon or attached to it any document that the company might have desired should form part of the contract.” In Eddins v. National Life & Accident Insurance Company, 17