RIVETT v. STATE FARM FIRE AND CAS. CO.

No. 86-C-1205.

508 So.2d 1356 (1987)

Mr. and Mrs. Wallace P. RIVETT, Jr. v. STATE FARM FIRE AND CASUALTY COMPANY.

Supreme Court of Louisiana.

June 22, 1987.


Attorney(s) appearing for the Case

J.J. McKernan, Julia Taylor, McKernan & Taylor, Baton Rouge, for applicants.

William Janney, Lane, Fertitta, Lane & Tullos, Baton Rouge, for respondent.


LEMMON, Justice.

The principal issue in this case is whether plaintiffs' acceptance of a payment from their homeowner's insurer of an amount admittedly due by the insurer for fire damage to their residence and their unilateral execution of a "Property Claim Agreement", when the amount paid was less than the policy limits of the dwelling coverage and there was no mutual agreement in writing that the payment was made and accepted in full settlement of the claim, constituted...

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