CHRYSLER CREDIT CORP. v. DAIRYLAND INS. CO.

No. CA 85 0125.

491 So.2d 402 (1986)

CHRYSLER CREDIT CORPORATION v. DAIRYLAND INSURANCE COMPANY.

Court of Appeal of Louisiana, First Circuit.

Writ Denied October 10, 1986.


Attorney(s) appearing for the Case

G. Thomas Arbour, Baton Rouge, for plaintiff-appellee Chrysler Credit Corp.

Charles A. Schutte, Jr., Baton Rouge, for defendant-appellant Dairyland Ins. Co.

Before EDWARDS, SAVOIE, LANIER, CRAIN and PONDER, JJ.


PONDER, Judge.

Defendant insurer appealed the judgment rendered against it in plaintiff-mortgagee's suit on a collision policy's loss payable clause. Plaintiff answered the appeal, complaining of the trial court's failure to award penalties and attorney fees under LSA-R.S. 22:658.

The issues are: (1) whether the clause is a simple or open loss payee clause, or a standard or union mortgage clause; (2) whether plaintiff's rights under the policy clause were...

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