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DENTON v. REED

No. 98-CA-1056

739 So.2d 217 (1999)

Rebecca L. DENTON v. Lillie REED, Allstate Insurance Co., USAA Casualty Ins. Co. and The Travelers Ins.

Court of Appeal of Louisiana, Fifth Circuit.

February 23, 1999.

Attorney(s) appearing for the Case

Maria I.O. Stephenson, Lisa C. Matthews, New Orleans, LA, for Plaintiff-Appellee.

Timothy G. Schafer, New Orleans, LA, for Defendant-Appellant.

Franklin D. Beahm, New Orleans, LA, for Defendant-Appellee.

Panel composed of Judges CHARLES GRISBAUM, Jr., EDWARD A. DUFRESNE, Jr. and THOMAS C. WICKER, Jr., Pro Tempore.

DUFRESNE, Judge.

This suit arises from a two-car collision in which Rebecca Denton, plaintiff, injured a spinal disc. A jury awarded her damages, and the trial judge further awarded her penalties and attorney fees based on the court's finding that the underinsured motorists insurer had acted arbitrarily and capriciously, or without probable cause, in not timely tendering an offer on the claim. For the following reasons, we set aside the penalties and attorney fees...

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