
    Kirby J. KLEIN and Carolyn Klein Hail and the Estate of Philip B. Klein v. AMERICAN LIFE AND CASUALTY COMPANY, American Estate Services, Inc. a/k/a Advanced Legal Systems, Inc., Brian E. Causey, Ronnie Planchard, and Addison Insurance Marketing, Inc.
    No. 2002 CA 1946.
    Court of Appeal of Louisiana, First Circuit.
    June 27, 2003.
    Writ Denied Nov. 7, 2003.
    
      James F. Willeford, New Orleans, Marian Livaudais, Mandeville, for Appellants Plaintiffs Kirby J. Klein and Carolyn Klein Hail.
    Christine Lipsey, Baton Rouge, for Ap-pellee Defendant American Life & Casualty Ins. Co.
    Melissa J. Richard, Baton Rouge, for Appellee Defendant American Estate Services, Inc.
    Brian E. Causey, In Proper Person.
    Panel composed of Judges FRANK FOIL, PAGE McCLENDON and WILLIAM F. KLINE, Jr.
   FOIL, J.

The heirs of an annuity buyer appeal from a judgment dismissing their claims against a life insurance salesman.

For the reasons set forth in our opinion in Klein et al. v. American Life and Casualty Insurance Company et al., 2001 CA 2336 (La.App. 1 Cir. 6/27/03), 858 So.2d 527, 2003 WL 21480366, also decided this date, we (1) REVERSE the judgment insofar as it dismisses plaintiffs’ claims on the grounds of peremption under La. R.S. 9:5606; and (2) REVERSE the judgment insofar as it dismisses plaintiffs’ negligence claims on the grounds of prescription. We REMAND this matter to the trial court for an order directing the plaintiffs to amend their petition within a specified time period and for further proceedings consistent with this opinion. Costs of the appeal are assessed equally to the plaintiffs and to Mr. Causey.

REVERSED IN PART AND REMANDED.

Judge WILLIAM F. KLINE, Jr., Retired, serving Pro Tempore by special appointment of the Louisiana Supreme Court.  