United States Fifth Circuit

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Borden v. Allstate Ins. Co., 08-30515

In an action seeking insurance proceeds related to Hurricane Katrina, summary judgment for defendants is affirmed in part where plaintiff's claims against defendant-insurance agent were barred by Louisiana's one year statute of limitations for actions against insurance agents. However, the order is vacated in part where the district court overlooked plaintiff's affidavit averring the timeliness of his notice of the claim to defendant.

Appellate Information

  • Decided 11/23/2009
  • Published 11/23/2009

Judges

  • EDITH H. JONES, Chief Judge:, Before JONES, Chief Judge, and GARZA and STEWART, Circuit Judges.

Court

  • United States Fifth Circuit

Counsel

  • For Appellant:
  • Mary Ann Hand (argued), Salvador E. Gutierrez, Jr., Gutierrez & Hand, Chalmette, LA, for Borden.

  • For Appellees:
  • Gerald Joseph Nielsen (argued), William Truman Treas, Nielsen Law Firm, L.L.C., Kelly C. Bogart, Jennifer May Morris, Duplass, Zwain, Bourgeois, Pfister, Winstock, Metairie, LA, Daniel Lee Dysart, Dysart & Tabary, Chalmette, LA, for Defendant-Appellee.