Clark v. Sovereign Camp Woodmen of the World

Louisiana Court of Appeal

Clark v. Sovereign Camp Woodmen of the World

8 La. App. 478, 1928 La. App. LEXIS 146

CourtLouisiana Court of Appeal

DecidedJune 4, 1928

DocketNo. 10,224

StatusPublished

Cited by2 cases

This text of 8 La. App. 478 (Clark v. Sovereign Camp Woodmen of the World) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Clark v. Sovereign Camp Woodmen of the World, 8 La. App. 478, 1928 La. App. LEXIS 146 (La. Ct. App. 1928).

Pincite

Opinion

WESTERFIELD, J.

Plaintiff appeals from a judgment maintaining a plea of prescription of one year as against a suit on a life insurance certificate issued by the defendant, a fraternal order or society.

James B. Murphy held an insurance certificate in the defendant society in which the plaintiff is named as beneficiary. He died June 9, 1920, Mrs. Clark, the present plaintiff, brought a suit on the certificate June 9, 1921. That suit was dismissed on exception of no cause of action by judgment signed July 28, 1922. This suit was filed January 4, 1924. The policy sued on contains a clause reading as follows:

“No suit shall be maintainable to enforce the performance of this contract after one year from the date of such loss.”

Such stipulation is valid. Blanks vs. Insurance Company, 36 La. Ann. 602.

It is clear that this suit was brought after prescription had run, even if the first suit in which the demand was made in plaintiff’s behalf, whereas this suit is brought by her, as tutrix of her minor children, be considered as an interruption of prescription.

The judgment appealed from must be and it is affirmed.

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