OUBRE v. LOUISIANA CITIZENS FAIR PLAN

No. 2011-C-0097.

79 So.3d 987 (2011)

Geraldine OUBRE and Linda Gentry on their Behalf, as well as Others, Similarly Situated v. LOUISIANA CITIZENS FAIR PLAN.

Supreme Court of Louisiana.

Rehearing Denied January 20, 2012.


Attorney(s) appearing for the Case

Ates Law Firm, APLC, John Robert Ates , Destrehan, LA, Robert Elton Arceneaux , Metairie, LA, Beevers & Beevers, LLP, Wiley Jerell Beevers , Stephen L. Mauterer , Gretna, LA, Herman, Herman, Katz & Cotlar, LLP, Stephen Jay Herman , Steven J. Lane , The Law Offices of Fred Herman, Fred L. Herman , New Orleans, LA, for Applicant.

Hailey, McNamara, Hall, Larmann & Papale, LLP, Richard Terrell Simmons, Jr. , John T. Culotta , Daren A. Patin , John E. Unsworth, Jr. , Metairie, LA, James D. Caldwell , Attorney General, Uma Maheswari Subramanian , Assistant Attorney General, Wegmann & Babst, LLC, James Anthony Babst , New Orleans, LA, Cynthia Anne Wegmann, for Respondent.


KNOLL, Justice.

This class action litigation presents two issues of first impression for this Court. The first issue, over which the Third and Fifth Circuits are divided, is whether an insurer is subject to the penalties imposed by former La.Rev.Stat. § 22:658(A)(3) for its untimely initiation of loss adjustment in the absence of a showing of bad faith. The second issue is whether the provisions of former La.Rev.Stat. § 22:1220(C) cap those penalties at...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases