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GORDON v. STATE FARM FIRE AND CAS. CO.

No. 88-3516.

895 F.2d 1036 (1990)

Adam GORDON and Glyniss Gordon, Plaintiffs-Appellants, v. STATE FARM FIRE AND CASUALTY COMPANY, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

March 7, 1990.

Attorney(s) appearing for the Case

Nelson Taylor, Sr., Baton Rouge, La., pro se.

Adam Gordon, Amite, La., Glyniss Gordon, Amite, La., pro se.

Robert H. Cooper, Blue, Williams & Buckley, Metairie, La., for defendant-appellee.

Before GEE, REAVLEY, and GARWOOD, Circuit Judges.

GEE, Circuit Judge:

Today we must determine when an action for penalties and attorneys' fees under La.R.S. 22:658 for arbitrary and capricious denial of an insurance claim has prescribed under Louisiana law. We have found that the answer is not clear.

Facts

The Gordon's home was damaged by fire on December 1, 1986. In July, 1987, the Gordons submitted a proof of loss, which, on October 9, 1987, was rejected by State Farm. On January 28, 1988...

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