§5606. Actions for professional insurance agent liability
A. No action for damages against any insurance agent, broker, solicitor, or other similar licensee under this state, whether based upon tort, or breach of contract, or otherwise, arising out of an engagement to provide insurance services shall be brought unless filed in a court of competent jurisdiction and proper venue within one year from the date of the alleged act, omission, or neglect, or within one year from the date that the alleged act, omission, or neglect is discovered or should have been discovered. However, even as to actions filed within one year from the date of such discovery, in all events such actions shall be filed at the latest within three years from the date of the alleged act, omission, or neglect.
B. The provisions of this Section shall apply to all persons whether or not infirm or under disability of any kind and including minors and interdicts.
C. The peremptive period provided in Subsection A of this Section shall not apply in cases of fraud, as defined in Civil Code Article 1953.
D. The one-year and three-year periods of limitation provided in Subsection A of this Section are peremptive periods within the meaning of Civil Code Article 3458 and, in accordance with Civil Code Article 3461, may not be renounced, interrupted, or suspended.
Acts 1991, No. 764, §1; Acts 1999, No. 905, §1.
Notes of Decisions
Klein v. Am. Life & Cas. Co., 858 So. 2d 527 (La. Ct. App. 2003).
· cites it 16× “R.S. 9:5606 as to all of their claims. The plaintiffs opposed the exceptions and filed a petition captioned "Third Amended and Supplemental Petition," adding allegations of fraud, as well as violations of La.”
Naghi v. Brener, 17 So. 3d 919 (La. 2009).
· cites it 6× “R.S. 9:5606 was peremptive and could not be interrupted or suspended by relation back of a petition under La.”
Huffman v. Goodman, 784 So. 2d 718 (La. Ct. App. 2001).
· cites it 8× “R.S. 9:5606 governs actions against insurance agents and reads as follows: A.”
Cerullo v. Heisser, 213 So. 3d 1232 (La. Ct. App. 2017).
· cites it 9× “R.S. 9:5606 provide: A. No action for damages against any insurance agent, broker, solicitor, or other similar licensee under this state, whether based upon tort, or breach of contract, or otherwise, arising out of an engagement to *1236 provide insurance services shall be…”
Belmont Commons, L.L.C. v. Axis Surplus Ins., 569 F. Supp. 2d 637 (E.D. La. 2008).
· cites it 10× “Brower argues the claim is precluded by LSA-R.S. § 9:5606 because it was filed over one year after the alleged negligent act or omission of Brower.”
Reeder v. North, 701 So. 2d 1291 (La. 1997).
· cites it 3× “R.S. 9:5606 begins to run on the date of the act, omission, *1299 or neglect and cannot be suspended by the "continuous representation rule.”
Massiha v. Beahm, 966 So. 2d 87 (La. Ct. App. 2007).
· cites it 5× “R.S. 9:5606. [3] In the alternative, LAMMICO argued that the one-year prescriptive period applicable to delictual actions, see La.”
State v. Nat'l Union Fire Ins., 984 So. 2d 91 (La. Ct. App. 2008).
· cites it 11× “Aon then filed a motion for summary judgment, contending that any claim the State may have had against it was perempted by LSA-R.S. 9:5606, the statute setting forth peremptive periods for claims against insurance agents, brokers, solicitors, or similar licensees for damages…”
— La. Rev. Stat. § 9:5606(A) — 32 cases
Klein v. Am. Life & Cas. Co., 858 So. 2d 527 (La. Ct. App. 2003).
“R.S. 9:5606 as to all of their claims. The plaintiffs opposed the exceptions and filed a petition captioned "Third Amended and Supplemental Petition," adding allegations of fraud, as well as violations of La.”
Huffman v. Goodman, 784 So. 2d 718 (La. Ct. App. 2001).
“R.S. 9:5606 governs actions against insurance agents and reads as follows: A.”
— La. Rev. Stat. § 9:5606(B) — 1 case
Naghi v. Brener, 17 So. 3d 919 (La. 2009).
“R.S. 9:5606 was peremptive and could not be interrupted or suspended by relation back of a petition under La.”
— La. Rev. Stat. § 9:5606(C) — 12 cases
Klein v. Am. Life & Cas. Co., 858 So. 2d 527 (La. Ct. App. 2003).
“R.S. 9:5606 as to all of their claims. The plaintiffs opposed the exceptions and filed a petition captioned "Third Amended and Supplemental Petition," adding allegations of fraud, as well as violations of La.”
Huffman v. Goodman, 784 So. 2d 718 (La. Ct. App. 2001).
“R.S. 9:5606 governs actions against insurance agents and reads as follows: A.”
— La. Rev. Stat. § 9:5606(D) — 10 cases
Belmont Commons, L.L.C. v. Axis Surplus Ins., 569 F. Supp. 2d 637 (E.D. La. 2008).
“Brower argues the claim is precluded by LSA-R.S. § 9:5606 because it was filed over one year after the alleged negligent act or omission of Brower.”
Klein v. Am. Life & Cas. Co., 858 So. 2d 527 (La. Ct. App. 2003).
“R.S. 9:5606 as to all of their claims. The plaintiffs opposed the exceptions and filed a petition captioned "Third Amended and Supplemental Petition," adding allegations of fraud, as well as violations of La.”
— La. Rev. Stat. § 9:5606(E) — 4 cases
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