No. 98-C-2885 | La. | Feb 5, 1999

Lead Opinion

IN RE: Audubon Indemnity Company;-Defendant(s); Applying for Writ of Certiorari and/or Review; to the Court of Appeal, Third Circuit, Number CAOS-OSOS, CA98-0566; Parish of Rapides 9th Judicial District Court Div. “G” Number 178,955

Writ granted in part; denied in part. The judgment of the court of appeal is amended to delete the award of penalties *737and attorney fees pursuant to La.R.S. 22:658 and the award of penalties pursuant to La.R.S. 22:1220. Otherwise denied.

KIMBALL, J. not on panel.





Concurrence Opinion

VICTORY and TRAYLOR, JJ„

concur in the reversal of attorneys fees and penalties, but would grant and docket the case on the merits.

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