Louisiana Court of Appeal August 20, 1971, No. 3547 (Federal Insurance Co. v. Insurance Co. of North America)

CULPEPPER, Judge.

This is a suit for damages to leased equipment. Plaintiff is the alleged conventional subrogee of the lessor. Defendants are the lessee and its insurer. Defendants’ exception of prescription of one year was sustained, and plaintiff’s suit dismissed. Plaintiff appealed.

The principal issue is whether plaintiff’s suit is in tort or in contract. If it is in tort, it is prescribed.