Ryan v. Pure, Third Circuit Court of Appeal No. 24-00029
15^th JDC No. 2023-4822

A unanimous panel from the Louisiana Third Circuit Court of Appeal reversed a recent trial court decision and sustained Deutsch Kerrigan’s Exception of Prescription in favor of our defendant UM Insurer. The ruling effectively dismissed with prejudice any-and-all claims against our client. Plaintiffs filed suit more than two years after their car accident and argued two pre-suit property damage payments made by our client interrupted prescription as to their otherwise untimely uninsured/underinsured motorist claim.  The 15^th JDC agreed with the plaintiffs, but the Third Circuit Court of Appeal did not. In a 3-0 vote, the Third Circuit adopted the defense argument in full and ruled that said first-party property damage payments did not interrupt prescription of plaintiff’s uninsured/underinsured motorist claims.