8 Louisiana opinions name it 2 courts 1966–2011 0 in the last five years
The cases below were cited by Louisiana courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Gremillion v. Travelers Indemnity Companygreen2 sentences2011Co. of Newark, N.J., 222 La. 516, 521 , 62 So.2d 820, 821 ("No suit or action on this policy for the recovery of any claim shall be sustainable in any court of law or equity unless all the requirements of this policy shall have been complied with, and unless commenced within twelve months next after inception of the loss.") and Gremillion v. Travelers Indemnity Company, 256 La. 974, 985 , 240 So.2d 727, 731 (1970) (overruling Finkelstein and re-interpreting the statutorily mandated limitation provision; noting "the limit of twelve months is not in the language of the insurance company; it is t 2011Co. of Newark, N.J., 222 La. 516, 521 , 62 So.2d 820, 821 ("No suit or action on this policy for the recovery of any claim shall be sustainable in any court of law or equity unless all the requirements of this policy shall have been complied with, and unless commenced within twelve months next after inception of the loss.") and Gremillion v. Travelers Indemnity Company, 256 La. 974, 985 , 240 So.2d 727, 731 (1970) (overruling Finkelstein and re-interpreting the statutorily mandated limitation provision; noting "the limit of twelve months is not in the language of the insurance company; it is t | 1 | 2 |
Tracy v. Queen City Fire Ins.green2 sentences2011In Tracy , the court was confronted with a policy of fire insurance which contained the following stipulation: "No suit or action on this policy for the recovery of any claim shall be sustainable in any court of law ... unless commenced within twelve months next after the fire." Tracy, 132 La. at 611 , 61 So. at 687 . 2011In Tracy , the court was confronted with a policy of fire insurance which contained the following stipulation: "No suit or action on this policy for the recovery of any claim shall be sustainable in any court of law ... unless commenced within twelve months next after the fire." Tracy, 132 La. at 611 , 61 So. at 687 . | 1 | 2 |
Finkelstein v. AMERICAN INS. CO. OF NEWARKgreen2 sentences2011Co. of Newark, N.J., 222 La. 516, 521 , 62 So.2d 820, 821 ("No suit or action on this policy for the recovery of any claim shall be sustainable in any court of law or equity unless all the requirements of this policy shall have been complied with, and unless commenced within twelve months next after inception of the loss.") and Gremillion v. Travelers Indemnity Company, 256 La. 974, 985 , 240 So.2d 727, 731 (1970) (overruling Finkelstein and re-interpreting the statutorily mandated limitation provision; noting "the limit of twelve months is not in the language of the insurance company; it is t 2011Co. of Newark, N.J., 222 La. 516, 521 , 62 So.2d 820, 821 ("No suit or action on this policy for the recovery of any claim shall be sustainable in any court of law or equity unless all the requirements of this policy shall have been complied with, and unless commenced within twelve months next after inception of the loss.") and Gremillion v. Travelers Indemnity Company, 256 La. 974, 985 , 240 So.2d 727, 731 (1970) (overruling Finkelstein and re-interpreting the statutorily mandated limitation provision; noting "the limit of twelve months is not in the language of the insurance company; it is t | 1 | 2 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Louisiana. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Grice v. Aetna Cas. & Sur. Co.
green
1 sentence1989LSA-R.S. 22:691 In Grice v. Aetna Casualty and Surety Company, 359 So.2d 1288 (La.1978), the Louisiana Supreme Court found that a homeowner’s policy was part of the same contract as the standard fire insurance policy form and thus burglary and theft coverage provisions were governed by the same limitation as the standard fire policy under LSA-R.S. 22:691. | 1 | 1989–1989 |
Talbert v. Northwestern Nat. Ins. Co.
neutral
2 sentences1986The trial court found that USF & G had waived its right to demand an appraisal because of its use of dilatory tactics, citing Talbert v. Northwestern National Insurance *1382 Co., 167 La. 608 , 120 So. 24 (1929). 1986The trial court found that USF & G had waived its right to demand an appraisal because of its use of dilatory tactics, citing Talbert v. Northwestern National Insurance *1382 Co., 167 La. 608 , 120 So. 24 (1929). | 1 | 1986–1986 |
Grice v. Aetna Cas. & Sur. Co.
neutral
1 sentence1978Provided, however, that if by the laws of the state within which this policy is issued such limitation is invalid, then any such claims shall be void unless such action, suit or proceeding be commenced within the shortest limit of time permitted by the laws of such state to be fixed herein." Plaintiff contends the policy provision is invalid because it conflicts with LSA-R.S. 22:629 which provides: "A. No insurance contract delivered or issued for delivery in this state and covering subjects located, resident, or to be performed in this state, shall contain any condition, stipulation, or agree | 1 | 1978–1978 |
Johnson v. District Grand Lodge No. 21, Etc.
neutral
1 sentence1967Under the provisions of the statute above quoted payment was not due by defendant, and suit by 'plaintiffs was premature and not sustainable, until 60 days after receipt by defendant of a proof of loss “signed and sworn to by the insured.” Plaintiffs contend however that the insurer is required by LSA-R.S. 22:650 to furnish a form of proof of loss upon the written request of a claimant under the policy and that the defendant insurer’s failure to furnish such form upon such request constitutes a waiver by the insurer of the proof of loss, citing: Johnson v. District Grand Lodge No. 21, etc., La | 1 | 1967–1967 |
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.