Louisiana Personal Injury Lawyer Blog
The following case deals with the important legal concept of prescription (similar to a statute of limitations) and the rules for adding new parties to a lawsuit after the deadline has passed.
Case Background
Randall Iles was injured in a car accident and sued his auto insurer, State Farm Mutual, under his uninsured motorist (UM) coverage. Nearly five years after the accident, he amended his lawsuit to include State Farm Fire, his umbrella policy provider. State Farm Fire argued that the claim against them was prescribed (too late) because they weren’t a solidary obligor with State Farm Mutual. The trial court agreed and dismissed the claims against State Farm Fire.
The following case explores the concept of “permissive use” in the context of uninsured/underinsured motorist (UM) insurance coverage. Specifically, it examines whether a son, given a company truck for work and personal use, had the authority to grant his father permission to drive the vehicle, thereby extending UM coverage to the father under the company’s policy.