Louisiana Supreme Court Allows Katrina Insurance Claims to Proceed
On March 15, 2011 the Louisiana Supreme Court in Sheryl Coleman Taranto et al v. Louisiana Citizens Property Insurance Company (No. 2010-c-0105) affirmed Plaintiffs’ claims that prescription is in fact interrupted while a class action is pending.
The Louisiana Supreme Court affirmed the Fourth Circuit’s earlier ruling finding that the filing of a lawsuit designated as a class action pursuant to LSA-C.C.P.art. 591, suspends prescription for all members of the putative class until the district court has ruled on the motion to certify the class. When notice is given, pursuant to LSA-C.C.P.art. 596, the suspended prescription period begins to run again.