United States Fifth Circuit

In a suit brought against a parish's liability insurers to collect on a judgment obtained against the parish in an underlying personal injury case, dismissal of the suit with prejudice is affirmed where: 1) contrary to the ruling below, the direct action statute does not require that plaintiff's suit against the insurer be dismissed simply because she did not join the insured; but 2) the action against insurer prescribed when plaintiff failed to file suit within one year after the judgment in her first suit became final.

Appellate Information

• Decided 04/10/2008
• Published 04/11/2008

Judges

• DENNIS, Circuit Judge:, Before DeMOSS, DENNIS and OWEN, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• Henry Tutt Dart (argued), Covington, LA, for Lehmann.


• For Appellees:
  
• Gustave A. Fritchie, III (argued), Edward W. Trapolin, Irwin, Fritchie, Urquhart & Moore, New Orleans, LA, for Defendants-Appellees-Cross-Appellants.