Madison v. Prudential Ins. Co. of America

Supreme Court of Louisiana

Madison v. Prudential Ins. Co. of America

181 So. 871, 190 La. 103, 1937 La. LEXIS 1328

CourtSupreme Court of Louisiana

DecidedNovember 29, 1937

DocketNo. 34438.

StatusPublished

Cited by24 cases

This text of 181 So. 871 (Madison v. Prudential Ins. Co. of America) is published on Counsel Stack Legal Research, covering Supreme Court of Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Madison v. Prudential Ins. Co. of America, 181 So. 871, 190 La. 103, 1937 La. LEXIS 1328 (La. 1937).

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Opinions

FOURNET, Justice.

This is a suit to recover certain disability benefits under a life insurance policy, on the ground of total and permanent disability of the insured, and also penalties and attorney’s fees under the provisions of Act No. 310 of 1910. The defense is that the disability is neither total nor permanent. The trial judge rendered judgment in favor of the plaintiff and against the defendant, as prayed for, and the defendant has appealed.

A mere reading of the plaintiff’s petition shows that the amount in controversy is less than $2000.00, and this Court has repeatedly held that it will, of its own motion, dismiss an appeal where the amount involved is not sufficient to give it jurisdiction.

The plaintiff filed this suit on October 3, 1936, to recover the sum of $50.00 per month, beginning November 15, 1935, with a like amount as statutory penalties, $300.00 as attorney’s fees, and also the sum of $89.40 which he had paid the defendant for a quarterly premium that became due during his alleged total and permanent disability. Under plaintiff’s own allegations he could recover only such amounts as were past due under the policy of insurance (Earl L. Wiener et al. v. Crystal Oil Refining Corporation, 183 La. 879, 165 So. 131), and a like amount as penalties, plus $300.00 as attorney’s fees, and $89.40 for premiums paid during disability. These items, by simple calculation, amount to $1389.40.

The amount involved in this case being less than $2000.00, this Court is without jurisdiction. Constitution of 1921, Art. 7, Sec. 10. Appellate jurisdiction in such cases is vested, under Sections 29 and 20 of Article 7 of the Constitution of 1921, in the Court of Appeal, Second Circuit. However, under the provisions of Act No. 19 of 1912, this Court is authorized to transfer the case to the' proper court instead of dismissing the appeal.

For the reasons assigned, it is ordered that this appeal be and is hereby transferred to the Court of Appeal, Second Circuit; the transfer to be made within sixty days after this judgment becomes final, and, if not so made, then the appeal shall be deemed dismissed; defendant and appellant to pay the costs of appeal in this court, and the remaining costs to await final determination of the matter.

HIGGINS, J., absent.

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FOURNET, Justice.

This is a suit to recover certain disability benefits under a life insurance policy, on the ground of total and permanent disability of the insured, and also penalties and attorney’s fees under the provisions of Act No. 310 of 1910. The defense is that the disability is neither total nor permanent. The trial judge rendered judgment in favor of the plaintiff and against the defendant, as prayed for, and the defendant has appealed.

A mere reading of the plaintiff’s petition shows that the amount in controversy is less than $2000.00, and this Court has repeatedly held that it will, of its own motion, dismiss an appeal where the amount involved is not sufficient to give it jurisdiction.

The plaintiff filed this suit on October 3, 1936, to recover the sum of $50.00 per month, beginning November 15, 1935, with a like amount as statutory penalties, $300.00 as attorney’s fees, and also the sum of $89.40 which he had paid the defendant for a quarterly premium that became due during his alleged total and permanent disability. Under plaintiff’s own allegations he could recover only such amounts as were past due under the policy of insurance (Earl L. Wiener et al. v. Crystal Oil Refining Corporation, 183 La. 879, 165 So. 131), and a like amount as penalties, plus $300.00 as attorney’s fees, and $89.40 for premiums paid during disability. These items, by simple calculation, amount to $1389.40.

The amount involved in this case being less than $2000.00, this Court is without jurisdiction. Constitution of 1921, Art. 7, Sec. 10. Appellate jurisdiction in such cases is vested, under Sections 29 and 20 of Article 7 of the Constitution of 1921, in the Court of Appeal, Second Circuit. However, under the provisions of Act No. 19 of 1912, this Court is authorized to transfer the case to the' proper court instead of dismissing the appeal.

For the reasons assigned, it is ordered that this appeal be and is hereby transferred to the Court of Appeal, Second Circuit; the transfer to be made within sixty days after this judgment becomes final, and, if not so made, then the appeal shall be deemed dismissed; defendant and appellant to pay the costs of appeal in this court, and the remaining costs to await final determination of the matter.

HIGGINS, J., absent.

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181 So. 871, 190 La. 103, 1937 La. LEXIS 1328, Counsel Stack Legal Research, https://law.counselstack.com/opinion/madison-v-prudential-ins-co-of-america-la-1937.

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