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WILEY v. McDAY

No. 34,985-CA.

799 So.2d 624 (2001)

Deborah WILEY, Plaintiff-Appellee. v. Valeria McDAY, et al., Defendants-Appellants.

Court of Appeal of Louisiana, Second Circuit.

October 31, 2001.

Attorney(s) appearing for the Case

Lunn, Irion, Salley, Carlisle & Gardner by Penny N. Nowell, J. Martin Lattier, Shreveport, Counsel for Defendants-Appellants, Valeria McDay and USAA.

Johnson & Placke by Don H. Johnson, West Monroe, Counsel for Plaintiff-Appellee, Deborah Wiley.

Davenport, Files & Kelly by Carey B. Underwood, Monroe, Counsel for Defendant-Appellee, Illinois National Ins. Co.

Before BROWN, STEWART and GASKINS, JJ.

STEWART, J.

At issue in this appeal is whether the trial court erred in assessing penalties, damages, and attorney fees under La. R.S. 22:1220 against the insurer and in favor of a third-party claimant. For the reasons discussed herein, we affirm that portion of the judgment awarding penalties and damages, but reverse the award of attorney fees.

FACTS

On July 17, 1995, the plaintiff, Deborah Wiley, was involved in an automobile accident with the...

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