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SPEAR v. TRAN

No. 96-CA-1490.

682 So.2d 267 (1996)

Kerry M. SPEAR, v. Thong Ngoc TRAN, et al.

Court of Appeal of Louisiana, Fourth Circuit.

Rehearing Denied November 22, 1996.

Attorney(s) appearing for the Case

Jerry L. Saporito, Michael D. Sledge, O'Neal, Eichin, Miller, Saporito & Harris, New Orleans, for Defendant/Appellant.

Richard C. Trahant, Molaison, Price & Loeb, Gretna, for Appellee.

Before BYRNES, CIACCIO and LOBRANO, JJ.

BYRNES, Judge.

Defendant, Prudential Property and Casualty Insurance Company (Prudential), appeals the denial of its motion for a new trial seeking reversal of those portions of a default judgment ordering it to pay plaintiff, Kerry M. Spear, penalties and attorney's fees under LSA-R.S. 22:1220. We reverse.

Kerry M. Spear and Thong Ngoc Tran were involved in an automobile collision on November 22, 1993. Ms. Spear sued Tran; his insurer, State Farm Mutual Automobile...

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