A Citizens policyholder who suffered damage in Hurricane Katrina (in August of 2005) argued that her suit filed in February of 2008 was timely, due to the pendency of putative class actions which, as originally defined, encompassed her claims. Applying Louisiana Code of Civil Procedure Article 596 as written, a five-judge panel unanimously concluded that prescription had been interrupted by the pendency of the class actions, (at least until certification was denied in the first, and substantially narrowed in the second). The court seems to suggest that its previous decision in Katz may have been implicitly overruled by the Louisiana Supreme Court inĀ State v. All Property and Casualty Insurance Companies, in which the court “found that contractual prescriptive periods can be subject to interruption. In the case sub judice, however, the interruption of a contractual prescriptive period is irrelevant because Ms. Pitts’ interests were represented as a putative class member in Buxton and Chalona, which were filed within one year from the date of damage.” Pitts v. La. Citizens, No.2008-1024 (La. App. 4th Cir. 1/7/09), 4 So.3d 107.
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