· 10/6/2006
McMahon v. Louisiana State Racing Commission
Citations
- 938 So. 2d 80
- 2006 La. LEXIS 2828
- 2006 WL 2882770
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that insurer’s claim seeking reimbursement of moneys paid to its insured was time-barred by one year suit provision and noting that subrogee had no greater rights than the subrogor and was equally subject to any defenses that might be asserted against subrogor
- noting that a subrogee insurer has “no greater rights” against a defendant than the insured possessed and is “equally subject to any defenses” that the defendant might have asserted against the subrogor
- explaining that the right of action for contribution is equitable in origin
- affirming trial court’s finding that equitable subrogation action by insurance company was untimely
- even if insurance policy does not contain limitation of suit clause, insured still subject to one year limitation
- no duty on behalf of insurance company to inform other party of its intention to rely on one year statute of limitation clause in policy
Source: CourtListener parenthetical corpus (CC0).
Sourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.