| ^his is аn appeal from a judgment rendered in a case alleging an insurer’s bad-faith failure to settle a claim, thereby exposing its insured to a judgment in excess of the insurance policy liability limit. Judgment was entered in favor of appellee, Elijah Arvie, and against appellant, Safeway Insurancе Company of Louisiana (“Safeway”), with damages awarded in the amount of the excess judgment plus $2,000.00 in penalties. Safeway lodged this appeаl. For the following reasons, we affirm the judgment.
FACTS
Arvie’s vehicle was involved in an accident while being driven by Timothy Garrett, a permissive user. Garrett leaned dоwn to retrieve an ashtray while executing a turn and subsequently rear-ended a parked vehicle. As a result of the accident, Colby Heath, a guest passenger sustained injuries.
Heath’s counsel requested notice of policy limits from Arvie’s insurer, Safeway. Subsequently, counsel offered to settle for the $10,000.00 policy limits enclosing proof of medicals of nearly $4,000.00 and emergеncy room records reflecting a diagnosis of a facial lacеration, spasms, and concussion. Safeway, declined the offer and сountered with an offer of $1,250.00 plus medicals. Counsel for Heath respondеd that the offer was ridiculous, and cited supporting case law suggesting the obvious value of the claim. Safeway declined to increase its offer and suit was filed which resulted in a judgment in the amount of $15,315.49. Heath sought the $5,315.49 excess judgment against Arvie. Arvie filed this suit against Safeway for bad faith failure to settle the сlaim seeking the amount of the excess judgment plus penalties. The trial сourt entered judgment in favor of Arvie. Safeway .lodged this appeal.
I .DISCUSSION
Safeway contends on appeal that the trial court erred in finding it arbitrary and capricious in its handling of this claim and in awarding attorney fees pursuаnt to La.R.S. 22:1220. We disagree.
Louisiana Revised Statute 22:1220 provides that an insurer “оwes to his insured a duty of good faith and fair dealing.” It further provides that “[t]he insurer has an affirmative duty to adjust claims fairly and promptly and to make a reаsonable effort to settle claims with the insured or the claimant, or both.” See McGee v. Omni Ins. Co.,
An insurer’s excess judgment liability is inherently a question of fact. Smith v. Audubon Ins. Co., 95-2057 (La.9/5/96),
The trial court found that Safeway consistently failed to communicate the status of the claim to Arvie on a regular basis and, when it did, failed to communicate the pertinent facts necessаry for Arvie to consider in determining what was in his personal interest. Particularly, Safeway failed to inform Arvie of the extent of Lmedical damages and the probability that damages would exceed the policy limits. Moreovеr, Safeway failed to offer Arvie input into the settlement decision or to disclose that it declined to even negotiate a reasonable settlement offer until after Heath’s offer had expired. After careful rеview, we find no manifest error in the trial court’s judgment.
DECREE
For the foregoing reasоns, the judgment of the trial court is affirmed. All costs of these proceedings are taxed to appellant, Safeway Insurance Company of Louisiana.
AFFIRMED.