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SULTANA CORP. v. JEWELERS MUT. INS. CO.

No. 2003-C-0360.

860 So.2d 1112 (2003)

The SULTANA CORPORATION, d/b/a Hannon Jewelers v. JEWELERS MUTUAL INSURANCE COMPANY.

Supreme Court of Louisiana.

December 3, 2003.

Attorney(s) appearing for the Case

Leonard Cardenas, III, Baton Rouge, for Applicant.

Amos H. Davis, Baton Rouge, for Respondent.

Adrianne L. Baumgartner, Covington, for Amicus Curiae, Louisiana Association.

KNOLL, Justice.

This case addresses a split among the circuit courts of appeal as to whether proof of actual damages is a prerequisite to an award of penalties under LA.REV.STAT. ANN. § 22:1220(C) for an insurer's failure to timely fund a settlement. Finding actual damages need not be proven, we reverse and remand to the trial court for the assessment of damages.

FACTS AND PROCEDURAL HISTORY

The Sultana Corporation d/b/a Hannon Jewelers (hereinafter...

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