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PAUL T. THIBODEAUX v. STAPP TOWING CO.

Nos. 96-1511 to 96-1514.

702 So.2d 693 (1997)

Paul T. THIBODEAUX, Ind., Plaintiff-Appellee, v. STAPP TOWING COMPANY, INC., Defendant-Appellant. Jimmy FONTENOT, Ind., Plaintiff-Appellee, v. STAPP TOWING COMPANY, INC., Defendant-Appellant. Nerrell GUILLORY, Ind., Plaintiff-Appellee, v. STAPP TOWING COMPANY, INC., Defendant-Appellant. Kenneth MANNING, Ind., Plaintiff-Appellee, v. STAPP TOWING COMPANY, INC., Defendant-Appellant.

Court of Appeal of Louisiana, Third Circuit.

August 27, 1997.

Attorney(s) appearing for the Case

Rex Douglas Townsley, Todd A. Townsley, Lake Charles, for Paul T. Thibodeaux, Ind., Jimmy Fontenot, Ind., Nerrell Guillory, Ind., and Kenneth Manning, Ind.

DeAnn Gibson, Clayton Arthur Larsh Davis, Mike Davidson, Lake Charles, for Stapp Towing Company, Inc.

Before COOKS, THIBODEAUX, SAUNDERS and AMY, JJ., and BABINEAUX, J. Pro Tem.

SAUNDERS, Judge.

In this consolidated appeal, the only question is whether La.R.S. 22:1220, which imposes upon an "insurer" the "duty of good faith and fair dealing," and penalties against "the insurer" violating this duty, may be extended to penalize a party defendant who unquestionably is not an insurer. Applying the plain language of the law, we are compelled to answer both questions in the negative and reverse.

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