Jackson v. QBE Specialty Ins. Co. , Civ. No. 17-11730, 2018 WL 3408182 (E.D. La. July 13, 2018).Id. at *7 (citing Campbell v. Stone Ins., Inc. , 509 F.3d 665, 672 (5th Cir. 2007) and Bates v. Allstate Ins. Co. , 48 So.3d 1141, 1144 (La. App. 4 Cir. 2010) ).SeeJackson v. QBE Specialty Ins. Co. , Civ. No. 17-11730, 2018 WL 3408182 at *9 (E.D. La. July 13, 2018) ("Under this theory, the peremptive period would likely not have begun to run until ... when Plaintiff's discovered Terrebonne's policy.").
Campbell v. Stone Ins. Co., 509 F.3d 665, 672 (5th Cir. 2007). Bates v. Allstate Ins. Co., 2010-0234 (La. App. 4 Cir. 9/29/10); 48 So. 3d 1141, 1144; Burk Property Investments, LLC v. Alliance Ins. Agency Serv., Inc., 2008-0489 (La. App. 4 Cir. 9/10/08); 993 So.2d 810. Plaintiffs also note that the peremptive period of Louisiana was suspended by the governor on August 12, 2016.
1 Cir. 9/14/11), 77 So.3d 70, 73. When evidence is introduced at trial on an objection of lack of subject matter jurisdiction, appellate review is governed by the rules applicable to review of facts. See Bates v. Allstate Ins. Co., 2010–0234 (La.App. 4 Cir. 9/29/10), 48 So.3d 1141, 1143. Thus, we will not disturb the trial court's finding of fact in the absence of "manifest error" or unless it is "clearly wrong."
La. C.C.P. art. 930; Dickens v. Louisiana Correctional Institute for Women, 2011-0176 (La. App. 1 Cir. 9/14/11), 77 So. 3d 70, 73. When evidence is introduced at trial on an objection of lack of subject matter jurisdiction, appellate review is governed by the rules applicable to review of facts. See Bates v. Allstate Ins. Co., 2010-0234 (La. App. 4 Cir. 9/29/10), 48 So. 3d 1141, 1143. Thus, we will not disturb the trial court's finding of fact in the absence of "manifest error" or unless it is "clearly wrong."
When evidence is introduced at a trial on an exception, appellate review is governed by the traditional rules applicable to its review of facts. Bates v. Allstate Ins. Co., 2010–0234 (La.App.4th Cir.9/29/10), 48 So.3d 1141. The trial court's factual determinations will not be overturned in the absence of manifest error or unless they are clearly wrong.