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SMITH v. AUDUBON INS. CO.

No. 95-C-2057.

679 So.2d 372 (1996)

Odelia Leger SMITH, et al., v. AUDUBON INSURANCE COMPANY.

Supreme Court of Louisiana.

Rehearing Denied October 4, 1996.

Attorney(s) appearing for the Case

Kraig T. Strenge, Lafayette, for Applicant.

John H. Weinstein, Opelousas, Hamilton J. Chauvin, Jr., Metairie, and Aaron F. McGee, for Respondent.

LEMMON, Justice.*

This is an action by an insured against his homeowner's insurer for damages sustained when a judgment in excess of the policy limits was rendered against the insured in an earlier tort action.1 In this action, the insured claims that the insurer is liable for the excess judgment, as well as for penalties and attorney's fees, because of its bad faith failure to settle the claim within the policy...

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