Tommy Keating and Lisa Keating v. Lee Miller and Family Security Insurance Company

Opinion

TOMMY KEATING AND LISA * NO. 2023-CA-0232 KEATING * COURT OF APPEAL

VERSUS * FOURTH CIRCUIT

LEE MILLER AND FAMILY SECURITY INSURANCE * STATE OF LOUISIANA COMPANY *******

APPEAL FROM

CIVIL DISTRICT COURT, ORLEANS PARISH NO. 2021-09129, DIVISION “B” Honorable Richard G. Perque, Judge ******

JUDGE SANDRA CABRINA JENKINS ******

(Court composed of Judge Roland L. Belsome, Judge Sandra Cabrina Jenkins, Judge Tiffany Gautier Chase)

BELSOME, J., CONCURS IN PART AND DISSENTS IN PART

ON APPLICATION FOR REHEARING

Jason R. Bell SWLA INJURY ATTORNEYS, LLC 949 Ryan Street, Ste. 130 Lake Charles, LA 70601

COUNSEL FOR PLAINTIFF/APPELLANT

Jacquelyn D. Cook James H. Gibson GIBSON LAW PARTNERS, LLC 2448 Johnston Street Lafayette, LA 70503

COUNSEL FOR DEFENDANT/APPELLEE

APPLICATION FOR REHEARING GRANTED; RELIEF DENIED;

ORIGINAL OPINION AFFIRMED JANUARY 18, 2024

SCJ TGC

We grant Tommy and Lisa Keating’s (“the Keatings”) application for

rehearing for the limited purpose of addressing their argument that the majority

opinion conflicts with La. C.C. art. 3472.1, Robinson v. State Farm Mut. Auto. Ins.

Co., 2022-0726 (La. App. 4 Cir. 6/20/23), 368 So.3d 1143, and Peralez v. HDI

Glob. Specialty SE, 2022-343 (La. App. 3 Cir. 11/9/22), 353 So.3d 235.

Following this Court’s December 8, 2023 decision, the Keatings’ filed an

application for rehearing, seeking reconsideration of our decision. On rehearing,

the Keatings re-urged their original argument that their suit was timely filed. The

Keatings further argued that the majority opinion fails to examine whether the

Keatings’ claim was filed within sixty days of the termination of the suspension.

However, the Keatings fail to consider that their petition for damages was

filed on November 9, 2021 when the claim prescribed on October 14, 2021.

Further, the emergency suspension period that commenced on August 26, 2021

applied to claims that were prescribing within the thirty-day period. In light of the

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emergency suspension period not applying to the Keatings’ claim nor attaching

additional time to the Keatings’ running prescription, their claim is time-barred.

For these reasons, we grant a rehearing, deny relief, and affirm our original

opinion.

APPLICATION FOR REHEARING GRANTED; RELIEF DENIED;

ORIGINAL OPINION AFFIRMED