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Holt v. State Farm Fire & Cas. Co., No. 09-30795

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By FindLaw Staff on December 02, 2010 12:19 PM

Denial of Summary Judgment in Insurance Action Affirmed

In Holt v. State Farm Fire & Cas. Co., No. 09-30795,  an action seeking to recover payment under plaintiff's homeowners policy, the court affirmed the denial of summary judgment to defendant based on the statute of limitations where the amended prescription period under Louisiana law applied retroactively to plaintiff's claim.

 

As the court wrote:  "We are asked in this appeal to consider whether a prescriptive statute in Louisiana retroactively applies to Plaintiff-Appellee Eric Holt's cause of action.  Holt's home in New Orleans, Louisiana suffered extensive fire damage in January 2007, and he sought to recover payment under his homeowners policy with Defendant-Appellant State Farm Fire & Casualty Company (State Farm). Dissatisfied with State Farm's response to his claim, Holt filed suit against the insurer in February 2008."

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