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ADAMS v. STRATTON

No. 02-CA-224.

831 So.2d 290 (2002)

John ADAMS v. Shawn STRATTON and State Farm Mutual Automobile Insurance Company.

Court of Appeal of Louisiana, Fifth Circuit.

October 16, 2002.

Attorney(s) appearing for the Case

Robert G. Harvey, Sr., Maria Del Carmen Calvo Broce, Jonathan M. Walsh, New Orleans, LA, for Appellant, John Adams.

Sidney J. Angelle, Brant J. Cacamo, Lobman, Carnahan, Batt, Angelle, and Nadar, New Orleans, LA, for Appellees, Shawn Straton and State Farm Mutual Automobile Insurance Company.

Panel composed of Judges JAMES L. CANNELLA, CLARENCE E. McMANUS and HENRY G. SULLIVAN, JR., Pro Tempore.

JAMES L. CANNELLA, Judge.

Plaintiff, John Adams, appeals from the trial court judgment which awarded him $253.61 in penalties against the Defendant, State Farm Mutual Automobile Insurance Company, for its failure to pay the settlement amount within 30 days of agreement. The sole legal issue presented in this appeal is whether La. R.S. 22:1220(C) provides a statutory minimum penalty. For the reasons which follow, we find that it does not and affirm.

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