Ansardi v. Louisiana Citizens Property Insurance Corp.
111 So. 3d 460
La. Ct. App.2013Background
- Hurricane Katrina devastated St. Bernard Parish; Citizens is Louisiana's insurer of last resort for those unable to obtain coverage in the voluntary market.
- Consolidated appeals concern prescription tolling, relying on prior state/federal Katrina-related class actions to toll the prescriptive period.
- Louisiana Supreme Court decisions in Taranto and Quinn control tolling analysis and cross-jurisdictional tolling limitations.
- Ansardi and Johnson filed separate post-Katrina suits against Citizens; district court held prescription expired or not tolled.
- Litigation reviewed various putative class actions (Buxton, Chalona, Orrill, Road Home, Master Complaint) and the so-called opt-out implications.
- Court remands for evidentiary hearings to determine if any Louisiana class action timely tolled prescription and how that affects the current claims.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Taranto provides a universal cut-off date for Katrina claims against Citizens | Ansardi argues Taranto does not set a fixed date for all claims | Citizens argues Taranto establishes May 31, 2009 as the definitive date | Taranto does not establish a universal cut-off date |
| Whether Article 596 tolling applies to federal putative class actions | Ansardi/Johnson rely on Road Home/Master Complaint for tolling | Quinn limited Article 596 to Louisiana-class actions; no cross-jurisdictional tolling | Article 596 tolling does not apply to federal putative class actions |
| Whether filing an independent suit by a putative class member before certification forfeits tolling | Duckworth permits tolling despite independent suit | Citizens argues opt-out mechanics require forfeiture | Overruled by Quinn/Duckworth line; filing an independent suit does not automatically defeat tolling |
| Whether plaintiffs were putative class members in timely filed Louisiana class actions | Ansardi/Johnson claim membership in Buxton/Chalona/Orrill/Oubre/Press/Christenberry road-map classes | Need timely filed, properly noticed Louisiana class actions; many did not qualify | Requires evidentiary showing of timely filing/date and membership in a qualifying Louisiana class action |
| Remand procedure to resolve whether any Louisiana class actions tolled prescription | Amend petitions to preserve tolling defenses | Citizens may amend objections; trial court must determine eligibility of tolling | Remanded for evidentiary hearings to determine eligibility and duration of tolling |
Key Cases Cited
- Taranto v. Louisiana Citizens Prop. Ins. Corp., 62 So.3d 721 (La. 2011) (taxic: class actions interrupt; set timing framework for Taranto)
- Quinn v. Louisiana Citizens Property Ins. Corp., 85 So.3d 100 (La. 2012) (limits Article 596 tolling to Louisiana actions; cross-jurisdictional tolling barred)
- Duckworth v. Louisiana Farm Bureau Mut. Ins. Co., 78 So.3d 835 (La. 2012) (holding that filing separate suit before class certification does not forfeit Article 596 tolling (overruled later))
- American Pipe & Constr. Co. v. Utah, 414 U.S. 538 (U.S. 1974) (class actions tolling standard; interruption and tolling principles originate here)
- Taranto v. Louisiana Citizens Prop. Ins. Corp. (Taranto III), 10-0105 (La. 2011) (extensive Taranto analysis on interrupted/tolled period due to putative classes)