MCKERNAN v. ABC INSURANCE COMPANY AIG (2021)

Writ application granted. See per curiam.

Writ granted. This court has held that it is the insured's obligation to read the policy when received, since the insured is deemed to know the policy contents. Seruntine v. State Farm Fire & Cas. Co., 10-1108 (La. 9/3/10), 42 So.3d 968; Isidore Newman School v. J. Everett Eaves, Inc., 09-2161, p. 12 (La. 7/6/10), 42 So.3d 352, 359. In this case, there are no facts under which Ms. McKernan's claims against Brad Bourg and Bourg Insurance Agency, Inc. are not perempted. The district court correctly noted that Ms. McKernan received a copy of the initial insurance policy in December 2008. Additionally, Ms. McKernan received copies of every yearly renewal policy covering her property through 2016. A simple review of the initial policy in 2008, as well as the numerous following renewal policies, would have revealed 250/100/250 flood coverage limits. Under these circumstances, Ms. McKernan knew or should have known of the flood policy limits in December 2008 when she received a copy of the initial policy. Moreover, even if we were to consider the most recent policy renewal date, which occurred in December 2015, plaintiff's claims would still be perempted because she did not file suit until May 2017–well beyond the one-year discovery date set forth in La. R.S. 9:5606. Accordingly, the writ is granted. The judgment of the court of appeal is reversed, and the judgment of the district court sustaining the exception of peremption is reinstated.

Hughes, J., would deny. Weimer, C. J., recused.