Anthony Hill v. Amica Mutual Ins. Co.
(June 2004)

McCranie Sistrunk won a victory in favor of Amica in the case entitled Anthony Hill v. Amica Mutual Ins. Co. in Civil District Court for the Parish of Orleans. Amica field an Exception of No Cause of Action and No Right of Action to Plaintiffs’ Claims for additional damages under LSA-R.S. 22:658 and 1220 as the surviving heirs of their deceased mother against her UM carrier. Plaintiffs were the major, non-resident children of the insured and the limits of the mother’s UM policy were paid to them and two other siblings. Plaintiffs claimed the payments were untimely. Amica claimed that only an insured has the right to file this action and this action is not heritable. The Court granted Amica’s Exception.