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CAULFIELD v. LEONARD

No. 95-CA-1043.

676 So.2d 1117 (1996)

Katy CAULFIELD, Individually, and on behalf of her minor child, Kristina La Bove v. Billy Ray LEONARD, Automotive Casualty Insurance Company, Car Insurance Company (f/k/a) Automotive Casualty Insurance Company and Louisiana Insurance Guaranty Association.

Court of Appeal of Louisiana, Fifth Circuit.

June 25, 1996.

Attorney(s) appearing for the Case

W. Brett Mason, Woodley, Williams, Fenet, Boudreau, Norman & Brown, Lake Charles, for defendant-appellant.

Richard C. Trahant, Harold E. Molaison, Molaison, Price & Loeb, Gretna, for plaintiffs-appellees.

Before GOTHARD and CANNELLA, JJ., and CHARLES V. CUSIMANO, II, J. Pro Tem.

CHARLES V. CUSIMANO, II, Judge Pro Tem.

The defendant, Louisiana Insurance Guaranty Association, appeals the judgment of the trial court awarding plaintiff, Katy Caulfield, penalties pursuant to La.R.S. 22:1220, for defendant's failure to timely pay a settled claim. We reverse.

ISSUE

The issue presented is whether La.R.S. 22:1220 allows penalties to be assessed against the Louisiana Insurance Guaranty Association for failure to pay a settled...

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